apparition madam_the

THE APPARITIONS


THE MADAM

FICTION
081216

updated 081216

this is some thing that I always wanted to do - write fiction. i think many people go through such a stage in life and most get over it with time. but i still have the hankering even in my late fifties- could be it is that i have not seen what is what and the novelty has never been lost! so now that the net is there why not give the virtual world a try?

prologue

There is an old, rather crude saying in Malabar - "malarnnu kitannu, melottu thuppuka" meaning you lie supine and spit straight upwards. The result is that the whole spittle comes back on to your face. What I am doing is probably exactly that. I am aware of this fact and would have kept quiet. but there is a limit for human endurance and i feel i must speak out.

fiction

STATUTORY WARNING

The characters and the incidents in this story are purely fictional and any similarity to any individuals or incidents in real life is pure coincidence.

it was some time in early 1992 I was in the sitting room of a house in chennai. I think, rather than a sitting room, they call it a hall in the local parlance. There were two bed rooms to my left side occupying the whole length of this hall. To my right was the kitchen followed by the bath cum toilet.

I was trying to make myself as little a nuisance as possible and had hit the sofa cum bed in the sitting room where I used to sleep in the night even though it was just past 2200hrs or so. Lying supine on the modified bed in one corner, I had the whole room in my visual field. I was wide awake and staring into space in front of me.

It was then that the head of the family along with his wife appeared in the foreground. They had come out of the bath room probably after carrying out their ablutions before going to bed. I don't remember what exactly the husband was doing for the woman's action took all my attention away. This female was staring at me with a funny smile on her face and she made a gesture at me.

It was a crude vulgar gesture that one would expect a prostitute to make to her would be clients. but even a prostitute, I am sure, will not do it to her brother - if her husband asks her to do so.

I cannot conceal my feelings; my face must have looked like an empty tin can run over by a heavy truck. (don't worry; the simile is not mine. I have borrowed it from a very old Malayalam short story i had read ages back). i was dumbfounded.

the couple then walked across the hall into their bedroom.on the other side ; that night their love making must have been very passionate.

epilogue

Prior to release from service one is eligible for a choice posting and other considerations. this is mainly with a view of smoothening the transition into civilian life. But that is under normal circumstances, and my circumstances almost invariably were never normal.

The disciplinary proceedings dragged on throughout the year 1991 and lasted till the ides of march 1992. my contractual period ended on march 25, 1992 and one fine morning I found myself without a job and with no where to go. I was completely stranded.

I perforce had to move out. So I booked my paltry possessions to madras (present day chennai) and the railways kept it with them for the next six months - that is exactly what happened and it is not at all an exaggeration!

i myself moved to chennai and invited myself into a house there. I requested the owner of the house to find a house on rent for me to stay and he readily agreed. And I decided to stay on in their house till I could find a house for me to stay.

It was very wrong on my part to have plonked in that house without even asking them permission; but it never occurs to you that you are a filthy worm. I don't think even some one with fingers sloughing off from hansens would feel that we are abominable creatures. It was early 1992 and it was gradually becoming more and more clear day by day that I was not very welcome there. The night scene described above was probably the climax of it.

I am a bloody bastard; I refused to take cognizance of the incident and continued to stay there in the hope that I will be able to find a house soon and move in there. But nothing happened in the first fortnight or so of my stay and so I started off on another of my aimless wanderings.

Few days later when I telephoned them, from Madurai I think, the people of this house said they could arrange a house. I am afraid my wanderings were unsettling certain vested interests with whom these people were in league even then (I have heard the madam commenting about the notorious identity card of the Indian gestapo some time earlier) and that probably was the main reason for asking me back .

I did find a house sooner than later; but that was kind courtesy a poor tamilian girl and nobody else - she had hanged herself in that house and nobody would want to stay with the "ghost". I stayed there for one year a couple of houses to the left of the particular house I mentioned, all the time doing my own cooking or eating at saravanas.

After one year of eating and sleeping I packed my bags and shifted to trivandrum. Thanks to some one's kindness I could soon shift into a rented house. In those days I used to draw the kerosene oil allotment of this family and cook on my kerosene stove - the gas connection and all came later (do they regret it all now? I wonder!)

How much I wished I had the sense to come to trivandrum initially itself rather than put up with the ignominy of my stay in that chennai house. But whatever has been done cannot be undone. I had learnt the lesson and that too the hard way and am determined never ever to make such a mistake again.

The next time I had been to chennai was a couple of months after my arrival in trivandrum. I carefully avoided going any where near the Madam and spent the night on the railway platform of madras central.


I am afraid the chennai couple were emboldened by the fact that now that I was out of the army I was finished. There were even suggestions of me doing security duty at their residence in their native place and the noveau riche tipping me! My old uniform would have come in handy then. it is typical of the noveau riche - they feel they can buy any thing and even any body with their money.

well; i was not exactly grounded and i took off again. that meant there is still possibility of extracting some thing from this character - of course not any where near the level of the green card holders but the positive point is that yours faithfully has no family. when there is a free meal without any strings attached, why not inviite yourself! And desperate attempts were on by the madam to hook on to me again.

I got a job and settled in Alleppey and was getting on fine. The madam made a trip to alleppey but luckily by that time I had moved out and the madam could do no damage. The result - I had a clean slate in Alleppey. I only came to know about the madam's visit from a professor who had later on come to trivandrum from alleppey to do a course at SCT.

in trivandrum i had clicked on very well with the boss initially and was on course for getting an MD that would have brightened my prospects. but there was a catch - my getting the post graduate degree would have sabotaged the indian gestapo's carefully chalked out plans. the dementia hypothesis, the main pillar on which the facade of my insanity is erected would have crumbled like a cookie if i got an md degree. So i had to be stopped one way or other.

but the Gestapo has to have an excuse of sorts to intervene in my affairs and make a mess of my life and spoil my academic career. and that is where an obliging NoK with no scruples what so ever comes in handy there.Who else could be a better candidate for the post than the brilliant madam!

I have reason enough to believe that the madam was one of the persons if not "the person" the so called NoK, who was, and still is, hand in glove with the indian gestapo. in fact two of my old acquaintances who had met me in those days had mentioned the madam's name to me in the above connection. And I would not the surprised if the madam had a part in the happenings in trivandrum in 2003 - the madam is capable of any thing.

and indeed the madam became a real pest. I remember getting a letter from the madam while I was in trivandrum. I never opened it and had it put in an envelope and mailed it back to the madam.

Later on, for once, while in trivandrum, I got a telephone call. The caller told me that she was calling me because the madam had directed her to telephone me. The madam was pestering an old woman in order to appease the gestapo.

Then in 2005 at a critical juncture in my life the madam appeared at my door - the appearance of the apparitions had always been the harbinger of doom. I refused her entry and had shut the door on the madam's face. But later on when I opened the door the madam was still there. There is a limit to which even I can be rude (the madam had three others from her family, all females, with her, and there were no male members with them) and I had to perforce admit her into the house. They stayed in the house for one day.

Incidentally, I had only one toilet in that house and the course of conversation I came to know that they never had gone to the toilet during the whole of their stay of more than twenty four hours. The yuck factor probably, for it was the same toilet I was using! I am sure the first thing they would have done after getting into the chennai bound train would be to rush to the toilet of the third class compartment they were travelling in.

later on that is once these people left, i found a faked cooked up copy of a letter (about which i had raised some issues) planted in one of my old brief cases. unfortunately i had shown them the original version i had preserved, for otherwise one could have expected some real funny incidents!

Mission accomplished the fraternity returned. Luckily that was the last I saw of the madam; and that was in 2005.

All i remember about the madam now is the grin and the gesture of that night in 1992. and that i will never forget. It was an eye opener; better late than never! Thank you madam; thank you sir.

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viceman
081216
updated 081216

jyo081108 alienation

The
ESTRANGEMENT
and
ALIENATION
081106
updated 081106

I am a jailbird

yes, i have been a prisoner. that was some time back in the early nineties, in january-february 1991 to be more precise. this happened while i was on a three years deputation with a police set up under the home ministry in the north east.
not that the army had shunted me out to that set up; it was the other way round - i volunteered.

the setup
"that means it is a self-inflicted injury"

that was the retort i got from an army colleague when i told him i had volunteered.
in fact in ambala itself, dada had told me that if he had seen my application offering myself to work in this particular set up he would have put it in the waste paper basket and that would have been the end of my deputation. but by the time he arrived the papers had already been forwarded. he had told me frankly "you are going to end up in trouble" but i am sure when he said that he would never have visualised the type of calamity that ensued.

the fact of the matter is that i was in the north east earlier. during that period I had provided "medical cover" to men from this set up on an lrp ( when such things come up some one in uniform is made the scape goat in spite of this particular set up having three or four civilian doctors on their rolls in almost every unit). people in this set up were very well off when compared to fellows like me. They had built up accommodation and all sorts of facilities while we were in bunkers and shunkers and such.
again for those posted to this set up, the moment they get out of the head quarters their meter is down, ticking away to glory for the DA amount - irrespective of whether it is to a company of the same battalion that they are going or some where else, it is supposed to be temporary duty!

so i thought, why not? rather than listening to jagjeet singing "ya khuda ret ke sehra ko samundar kar do" on the banks of the indira gandhi canal in rajsthan (then i was using - or is it abusing - a sakthiman's battery for my two in one; we did not have any power supply) why not enjoy the lush greenery of the north east! and lo i was there in no time.

the unit

now coming to this particular unit of this set up where i underwent incarceration - i had joined them in the latter half of 1990 and had spent only a couple of months or so with them before i went on annual leave for the year. all the same i have come to know a lot about this particular unit. people some how or other confide in me. may be because i know how to keep a secret or could be that i am or at least I was, a good listener.

i have been told of an incident by one of the company commanders of the commandant slapping one of his men in public - it was a karalite who was slapped and the fellow did not enjoy it.
all sorts of funny things were going on. the armoury of one of their companies was raided by outside agencies looking for smuggled goods. if i am not mistaken it was on a tip off from an insider.
later the commandant had a tiff with one of his officers - both were army officers on deputation. there was a crisis and they wanted me to refer this officer as a psychiatric patient. the DIG even suggested a diagnosis - "anxiety neurosis"; i refused.
All the same they got what they wanted.- they approached a civilian doctor posted to the unit.when I asked him about it he said "i thought so" - that is the charm of psychiatry; You can get away with anything! it is a subjective thing "what you think about what some one else thinks". could be dr.x was right but it could also be that the morbidity is in x's thoughts and not the other way round. but he who has more clout is right and his thoughts are the right one and the normal one.

coming back to the original story, i was to have reported back after my annual leave on 27 december 1990. on the night of 26/27 there was a death in the unit. a rifle man died of bullet injuries. the story was that this fellow who was on sentry duty during the night died when his personal weapon an SLR, accidentally went off.

i am not a forensic expert but i have seen and used an SLR during training; it is a safe and efficient weapon - though rather bulky. i cannot visualise how a bullet from an slr can kill its user except if he was planning to take his own life. again as far as i know there were no skirmishes in that area at that particular time and even otherwise it is a compartively quiet area in the north east. under such circumstances you do not cock the rifle while on sentry duty. in fact this very act is usually a warning to the intruder who is not identifying himself when challenged. could be i am mistaken or that the policemen have a different way of functioning.

i reached the locality on 27 dec and by that time the body had been cremated. i do not know the person killed but i understand the fellow again is a karalite. i think his relatives were there in the unit to collect the money etc. while i was in custody.

the sacrificial goat

i wanted to keep away from the set up and applied for annual leave in january - but it was rejected. within no time i found myself a prisoner - I was in military custody for nine days.
why nine days only?
unlike in civil set ups rules have to be strictly followed. the maximum period one can be kept under military custody is eight days and the ninth day the fellow has to be court martialled.
then it should have been eight days only; how come i was held for nine days?
because people were very fond of me, sonny; there is invariably a holiday, a sunday, in all eight days. holidays are not counted and i could technically be held for nine days on that pretext. so i was in for nine days the maximum possible under those conditions.
i was not exactly in a prison cell. till you are tried and found guilty and sentenced you get all the privileges of your rank. so i was under house arrest.
there are two types of arrests - closed arrest and an open arrest. i was not under closed arrest. why not?
problem of protocol bachuoo. under closed arrest the prisoner is under guard. the guard commander has to be some one senior to the prisoner and the guards of the same rank as the prisoner. that means all the senior most officers of the unit will be standing guard outside my house - not very practical. that was why it was open arrest.
The type of arrest is immaterial as far as the legal connotations were concerned. And another interesting factor is that one is supposed to perform his normal duties while he is a prisoner - very interesting!

The DIG used to talk to me on the radio, the basic idea was to find out if I had come to the stage of crying out "muche bachao" (SoS). but I held on and ultimately told the DIG bluntly that if he is under the impression that I will come down on my knees and beg for mercy he was sadly mistaken - and that was that.
Out side I could hear the men passing by, commenting about "bali ka bakra" the sacrificial goat- the code name for the medical officer is sheep.

I was ultimately released on the ninth day and was attached to the range head quarters. I was formally charged with an offence that could have sent me to prison for a maximum period of six years. and the formalities started stage by stage - court of inquiry, summary of evidence etc.

the tide turns!

it was an ordeal that lasted more than one year. only officers of the highest integrity are put on decision making duties in such cases. they do not see one thing in isolation but in its proper perspective. i remember the colonel a very religious muslim from hyderabad, who did the s of e had been to the small hospital where i used to work on the pretext of "sight seeing". but actually he was prowling there collecting data i am sure.

there were no underhand dealings and we slugged it out, man to man. and by the time the formalities were finished the tide had turned. the authorities learnt the hard way that underneath the sheep's hide there was an altogether different animal.

the set up however had got themselves committed by putting a field officer in custody for nine days and asked for a court martial to try me. I came to know of this decision kind courtesy one of the staff officers at the range hq who on the sly called on me and gave the information and told me to be prepared - so sweet of him. His boss's plan was to keep the process under wraps till the last moment and spring a surprise and march me up one fine morning! and they were waiting for the orders from the eastern command.

in december 1991 i was allowed a few days casual leave, any leave of any type that i was granted during that year. i made a trip to calcutta, to the command hq. The JAG, a maratta was kind enough to allow me to meet him and the brigadier informed me that they had told the army commander that they cannot court martial me on this matter - I heaved a long sigh of relief.
however the JAG had also warned me that it is not obligatory that the army commander should go by their advice. Fortunately for me the commander did go by the advice of the legal experts and the army refused to order a court martial.

now the ball was in the court of the police set up. the only way for them to get out of the muddle they have landed themselves in was a summary disposal by a major general who could maximum give me a severe reprimand. it was a big let down for the policemen. I was on top now. and started throwing my usual tantrums and all.

I was taken directly across the north east to nagaland for the trial. i remember an officer there asking me "what have you done to your co yar? he is looking like a bloody zombie. who is the one going to be tried, you or him? the authorities had taken for granted that i will do anything to end the ordeal ( over and above the legal formalities i was made to climb almost all the toughest pickets of this set up in the north east in the intervening period. luckily i had a very resilient physique then) they never bothered to bring the original witnesses to the trial.
there again they were wrong. i asked for the witnesses and the case had to be adjourned - "jaise the". we returned to our original places.

another day was fixed for the hearing and a whole paltan of men, witnessses and all, moved all the way across the north east to attend the trial in dimapur nagaland. The authorities obviously were annoyed by my gimmicks (anybody would have, for when i was asked to question the witnesses, i said no questions - my idea was only to get the jokers, the nairs and chackos and all, lined up there ) and the IG awarded me a severe reprimand (rather than a reprimand) after a long pep talk.
I clearly remember him telling me after reading my arguments "you are more of a lawyer than a doctor". of course he had no knowledge of my clinical acumen. All he had seen was that I had adapted extremely well to a new completely unfamiliar situation and done well. I took the comment as a compliment.

Incidentally in another major set back to the policemen the severe reprimand awarded to me was set aside by the army "being unjust". i got the information at a later date and then made multiple copies of the communication and had it sent by post to all the senior officers concerned including the IG after i came out on release - just imagine the ignominy of it and the torment the police men would have undergone!

Feigning Sick

now that it was all over we had to go back from nagaland. i was supposed to travel with the DIG in the convoy. This gentleman was terribly annoyed. First of all he could not get me court martialled and I got away with a minor punishment. Over and above that my other gimmicks like asking that the witnesses be present and adjourning the trial due to which he and his battalion commander had to make two trips to nagaland along with a truck load of men!

If I go with him there was a possibility of my body being recovered from the ravines with a bullet in my back and the case being passed off as the result of an insurgent attack. ( in naga land in those days men used to put a naga shawl over their uniform so as to avoid being picked up and shot by the insurgents).
i am so familiar with death, my own death being discussed ever since i was in my mid twenties, i am ready to face it any moment and that too with equanimity. but i did not want to die in ignominy with a bullet in my back.

so for once in my life i faked sickness and got two days sick leave. i did not have to travel with the DIG in the convoy and travelled back to the base station on my own after a couple of days in a nagaland state transport bus.

the estrangement and alienation

why do i bring all this up now? well; it is for a very good reason. to tell you about an inference i have drawn from the above episode in my life.
incidentally at the time of reporting to a unit on posting (that is transfer) we had to fill up certain details and one of the things was NoK (next of kin) to be informed in case of being placed in SIL (seriously ill list) or DIL (dangerously ill list). I used to write a name with the specific instructions "to be informed in case of death only". And one of my bosses got angry and shouted at me for he thought I was being rude to "my people"!- that was in the punjab.

now, coming back to the north east - i mentioned about an officer who had a tiff with the commandant and whom i was asked to diagnose as a psychiatric patient. his father and his nine months pregnant wife had come all the way from punjab to the north east to be with him. how did they know about his ordeal - he must have written to them or telephoned them.

when my time came i was all alone. my ordeal was far more drawn out. it was not exactly a joke facing the prospects of getting court martialled and going through that ordeal of the formalities all alone with no one to go to for succour. I aged like any thing during that one year; I had put up a brave face but the torment was there inside all through.

Looking back I myself am really surprised to note that it never even occurred to me that I should let my "relatives" know about my ordeal- Not even in my dreams did the thought come to me, never! That proves only one thing - my estrangement and alienation both physical and mental with my one time "relatives" was complete and irreversible.

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THE APPARITIONS

viceman
081108
updated 081108

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fact file #2

fact file
#02
continuation
081009
updated 081010

AVERRMENT

The petitioner averrs that every one of the problems he has faced in his life during the last quarter century, and every stumbling block in the path of his leading a normal, quiet, healthy and fruitful life, has been, and still is, the result of the covert criminal activities of members of the spy net works of the government let loose on the petitioner. The petitioner has been suffering the torture for more than a decade now.

The above gang of plain clothes men from the spy net works of the government have all through, been in hiding. All that is visible out side to the petitioner is a band of derelict, destitute, and mostly old, men who do the biddings of the spy and, the pBirds let loose in the vicinity to "scent mark" the spy's territory.

The grapevine has it that it is a plain clothes police man who calls himself "cbi officer" and his stooges from other spy net works like the "special branch" of the local police who is behind these atrocities.

DENIAL OF FUNDAMENTAL RIGHTS

The basic fundamental rights of the petitioner guaranteed by the Indian Constitution are being trampled upon with impunity by the spies.

denial of livelihood

The petitioner is being prevented from utilizing his time fruitfully; he is not allowed to eke out a living, take up a job and supplement his meagre pension which is his sole income at present.

In spite of having an MBBS degree and permanent registration with the medical council, experience as a clinician and in administering hospitals in the indian army and as a faculty member of government medical colleges in kerala, over and above a first class degree in life sciences, the petitioner has spent the last three years of his life in the seclusion of his rented house doing the work of a house maid. the above fact becomes all the more jarring in the context of the acute shortage of health professionals at all levels in the under developed countries of the world.

denial of social life

Kind courtesy the embargo declared on the petitioner by the spies social life of any sort has become impossible and even petty mundane existence has become an ordeal.

incommunicado

For all practical purposes the petitioner is being kept incommunicado. Not only his home telephone and internet connection but even postal articles are being intercepted and tampered with at will.

violation of personal space and break-ins

The petitioner personal space is being violated. He has strong reason to believe that his house is being broken into and ransacked in the name of "security" and his hard earned personal property stolen and destroyed.

detailed account of these activities with proof will be appearing in the following issues



MODUS OPERANDI

The spies are acutely aware of the fact that they do not stand a chance in a straight fight with the petitioner - their top brass has learnt it the hard way during previous encounters with the petitioner. The spies (it is a plain clothes police man who calls himself "cbi officer" and his stooges from other spy net works like the "special branch" of the local police ) therefore have always been in hiding, ensures that they never come into direct confrontation with the petitioner and restrict themselves to covert operations.

The overt criminal activities of the spies directed at the petitioner are carried out by proxy through the obliging members of the local population drawn from all strata of society, from the hired thugs from the streets of Thiruvananthapuram to senior members of officialdom and unscrupulous members of the professional classes.

Many a time the spy's handymen are not regular offenders but those drawn into crime confident that there will not be any retribution,in view of the spy's assurance of safe passage, and the helplessness of the petitioner's situation. Once these handymen get themselves implicated, it becomes that it is in their interests as well to see that the petitioner is done for.

(leave alone the chap "the tapper" of the night in feb 2003 for the time being) just visualise g. sujathan, the police surgeon, facing jyothi live, in a court of law - it is a question of their very existence!
and what about the culprits in what followed later on in those sacred precincts in ernakulam?! if you or any body else thinks that the illiterate me is going to leave alone the "learned" "gentlemen" and the "lady", you are sadly mistaken - it is just a question of time.

the petitioner is still at large in spite of the grandiose delusions of the spy (it is a plain clothes police man who calls himself "cbi officer" and his stooges from other spy net works like the so called "special branch" of the local police ) and his paramours of getting rid of him in no time.

So these handymen of the spies, perforce had to join the spy's band wagon and continue extending more than a helping hand. and the bandwagon starts to roll with more and more people jumping on to it as time passes by like in the story of the goose with the golden fleece!

SPY'S STRATEGY

The spy's strategy is to
a. stop the petitioner from pursuing a career, deprive him of a livelihood, and make him dependant on others,
b. get him declared a "vegetable" and
c. hand him over to the "relatives", whose job it is to ensure that the "last rites" are performed within a couple of months of the hand over.

The petitioner has a certain amount of personal charm and left alone can get along with people famously. He has proved that he is capable of establishing himself under the most taxing of circumstance and had survived in all sorts of situations in spite of the malicious slander campaign.

The spy (it is a plain clothes police man who calls himself "cbi officer" and his stooges from other spy net works like the so called "special branch" of the local police ) has learnt it the hard way that once the petitioner settles down it is beyond the spy's capabilities to dislodge him. So for his plans to succeed the spy has to ensure that the petitioner is not allowed to gain a foothold anywhere. Hence preventive action is the first priority.

It is with this aim in mind that a battalion of plainclothes men and their paid informers are put on "security duty" on the petitioner.

It is with this aim a bunch of "relatives " have been manufactured who are only too eager to act as the petitioner's next of kin and do the biddings of the spy. The fact that the petitioner does not have an immediate family makes the next of kin appointment a coveted post with the candidates scrambling to get there first. the "apparitions" are drooling already!

THE BRIEF

The brief of the plainclothesmen and their stooges trailing the petitioner, amongst other things, is to:
a. harass the petitioner and unsettle him by unleashing the local antisocial elements on him;
b. carry out a slander campaign and poison the minds of the people with whom the petitioner has to deal with on personal an/or official business and prejudice them against the petitioner, and
c. last but not least, and perhaps the most important strategy, to cook up evidence to support "the dementia hypothesis ".

terrorising an old woman

The grapevine has it that the plainclothes man's explanation for trailing the petitioner is that they have been entrusted with the job of "looking after" the petitioner by his mother worried about the welfare of her son who is an imbecile and is not capable of managing his own affairs.

The petitioner's conclusion is that an old woman in her late seventies, who is a simple house wife and is not even a matriculate, is being terrorised by the policemen and forced to do their bidding in order to provide a veneer of legality to their criminal acts directed at the petitioner.

the terrorist twist

The petitioner also understands that a terrorist twist, that the petitioner's life is under threat by extremists, has been added to the script. This, the petitioner presumes is with the main intention of ensuring that the regular spies of the government like the IB also get a slice of the action. This will also make available the added liberties such set ups have on the telecommunication services and other similar set ups in this country in order to make more and more deep incursions into the personal liberties of the petitioner.

The petitioner accepts that it is very much possible that his life is under threat from "extremists". But this particular brand of "extremists" are regular employees of the spy networks of the government or the paid informers of the spies.

What is happening on ground is that one group of spies pull from one side and the the other group from the other side and a vicious atmosphere of tension is manufactured around the petitioner and the spies start fishing in the waters, deliberately muddied by the spies themselves, for that very purpose.

THE REAL FACT

whatever be the excuse the police men may have put up for their activities directed at the petitioner, the only real reason is sheer malice and disrespect for the rule of law and basic human rights . . . . .

to be continued.

viceman
081009
updated 081010

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jyo_080923 fact file draft

FACT FILE
beta version
080923
updated 080928

The petitioner is a citizen of India by birth and domicile; a law abiding citizen at that, he never had any skirmishes with the law of the land, not even a case of traffic violation in his name, till date. He has a first class bachelor's degree in life sciences. He is an old student of Medical College, Trivandrum, has an M.B.,B.S., degree from the Kerala university and permanent registration with the travancore-cochin medical council.

The petitioner retired from Kerala Government Service on 30 April 2005 on superannuation at the age of 55 years. At the time of retirement the petitioner was holding the appointment of Lecturer in the Department of Physiology of Medical College Trivandrum.

The petitioner has no god, nor religious faith ("fundamentalism is like adolescence; atheism is when you arrive") He is not a member of any organization, political or other wise, and has no leanings towards any groups, political parties or ideologies. He does not believe in preaching and is a very private person who strictly minds his own business.

The petitioner left his ancestral home, for good, way back in 1975, and ever since, has been living alone. He has no family, was never married, and that way, there is no one whose prospects in life are dependent on the fortunes of the petitioner; and that means no one to stand by him through thick and thin . During the last thirty two years, the petitioner has faced every one of the terrible ordeals of his eventful life all alone, without any help whatsoever from any kith or kin . He per force had to find solace in himself.

If at all any one, on the pretext of being a "relative" or "friend" of the petitioner, is taking an interest in the petitioner's affairs at this stage in his life, the motives of such persons could be nothing but the welfare of the petitioner; the petitioner disowns any such person or persons and completely alienates himself from them and their actions.

The petitioner has served in the Indian Army as a short service commissioned officer in the Army Medical Corps from 23 march 1982 to 22 June 1992. The first five years of his army service was in the rank of a Captain. After that he was granted an extension for another five years and was made a field officer in the rank of Major; the petitioner, obviously, was not a misfit in the indian army and the army authorities did not think that granting him an SSC in the first place was a mistake. Except for a three year posting in a peace station during which time he was the lone medical officer in-charge of a 15 bed section hospital, the petitioner was on field service all through the remaining seven years. During his tenure in the army the petitioner had performed his duties as a medical doctor as well as an officer of the Indian army to the entire satisfaction of his superiors.

Being homeless, the petitioner, ever since his release from the army in 1992, has been living in rented houses. And being a loner with no kith or kin, he all through has been managing every thing, including the household chores , on his own. In the course of the last sixteen years the petitioner has lived initially in Chennai in Tamil Nadu for one year and Alleppey in Kerala for the next two years. In 1995 the petitioner shifted his residence to Thiruvananthapuram and, has been living in various rented houses in this place ever since.

In the context of the later happenings in Thiruvananthapuram, the petitioner would like to point out that there were no untoward incidents of any sort involving the petitioner while he was residing in Chennai or in Alleppey.

The petitioner, was given an appointment as Lecturer in Physiology in the Medical Education Service of the Government of Kerala in 1983, after being duly selected for the above post by the Kerala Public Service Commission. On release from the army after successful completion of the contractual period he joined duty as Lecturer in the Dept. of Physiology of T.D.Medical College, Alleppy in August 1993.

The petitioner spent an enjoyable and most rewarding period of nearly two years in the Govt. T.D.Medical College, Alleppy, teaching Human Physiology, both theory and practicals, to the first M.B.,B.S., students. Even though a complete novice at teaching, he had performed all the duties entrusted to him to the entire satisfaction of his superiors in T.D.Medical College, Alleppy; this in spite of the fact that in the initial stages there was only one other lecturer in the whole department.

T. D. Medical College, Alleppey was an institution under the director of medical education of the Kerala govt. and, during those days, it was the only institution other than Medical College, Trivandrum which prepared students for the MBBS degree examination of the Kerala university. In spite of a character like the petitioner being on the staff of the institution the students of T.D.Medical College, Alleppey in those days used to do better than those of Medical College, Trivandrum and top the Kerala university's I M.B.,B.S., examinations and used to produce better overall results than Medical College, Trivandrum.

While in T. D. Medical College, Alleppey there were no complaints about the petitioner refusing to do any work allotted to him; on the contrary, the Head of the Department of Physiology in due course, had started allotting more and more complicated lecture topics to him. He was given the privilege of setting up the questions for the terminal examinations and even evaluating the answer papers on the topics he had dealt with in his lecture classes.

The Head of the Department of Physiology or the Principal T.D.Medical College, Alleppey never noticed any behavioural disorders or mental instability in the petitioner during his tenure in the above institution. While in Alleppey the petitioner was putting up in rented houses, as usual, on his own. But unlike the "gentry" in Thiruvananthapuram the petitioner's neighbours nor other locals in Alleppey never raised any allegations against the petitioner and no one ever made a complaint to the local police that the petitioner was a public nuisance. And there was no question whatsoever of any one breaking into the petitioner's house as happened in Thiruvananthapuram.

While on the staff of T.D.Medical College, Alleppey, the petitioner took the entrance examination for post graduate courses in the medical colleges in Kerala, and based on his performance in the above examination he managed to get selection for the M.D., degree course in Physiology. Upon this the petitioner made a trip to Thiruvananthapuram and met the then Director of Medical Education, Kerala in her office. The Director was kind enough to assure the petitioner that, physiology being the subject that he was teaching, the petitioner was eligible for appointment as lecturer trainee on joining the MD course.

On the basis of the above assurance that the petitioner can work as lecturer and earn a salary and simultaneously do the post graduate course, the petitioner got himself relieved of his duties in T. D. Medical College, Alleppey to join the post graduate course. Alleppey did not offer post graduate course in physiology in those days.

After enrolling himself as a student for the M.D., course in the Department of Physiology of Medical College, Trivandrum in May 1995, the petitioner started his work in right earnest and had some remarkable successes to begin with.

The project mooted by the petitioner for the M.D., thesis work with the kind guidance of a research professor in a neighbouring institution was approved by two reviewing bodies of the Hon'ble Government of Kerala after scrutiny by experts in the field. The Science Technology and Environment Committee of the Hon'ble Government of Kerala was kind enough to award a research grant of rupees twenty five thousand to the petitioner for the above project. As far as the petitioner's information goes, it was the first time a postgraduate student in the department of physiology of medical college Trivandrum was awarded such a grant.

When, for once, after ages, the question of revamping the practical records in physiology for the first MBBS course came up, the work on one of the two practical records, the one in experimental physiology, was entrusted by the head of the department (HOD) to the petitioner who was one of the least experienced of all the lecturers in the department. And the HOD appreciated the result.

The confidential report (CR) on the petitioner for the year 1995, his first year as lecturer trainee in medical college Trivandrum by the head of the department of physiology, was a flattering one. Therein, the HOD commended the petitioner for his exemplary conduct and punctuality in all matters, praised his extraordinary proficiency in understanding new and difficult matters, his resourcefulness and originality in giving suggestions and pursuing them constructively and the petitioner's ability to get systematically to the root of the problems and for his consistently sound and well balanced judgment. Above all the HOD specifically mentioned the petitioner's keen interest in improving the standard of the practical classes.

Thus the petitioner was on course for obtaining his MD degree with the Head of the Department of Physiology due to be his examiner in a couple of years' time; and an MD in physiology would have guaranteed him immediate promotion as assistant professor. However this was not to be.

The petitioner had the first major shock when the Director of Medical Education (DME), Kerala who had promised initially that the petitioner will be given an appointment as lecturer trainee as soon as a vacancy arose, had, for reasons best known to the DME, a change of mind and refused to appoint the petitioner as lecturer trainee. As far as the petitioner was concerned, the lecturer trainee appointment was a prerequisite for doing the MD course, for the petitioner did not have the wherewithal to carry him through the three year course without a salary.

If the authorities in the Medical Education Service in Trivandrum had their way, the dreams of the petitioner of doing a post graduate degree course would have been over at this stage itself. However a senior IAS officer came to the petitioner's rescue. The then Health Secretary to the Government of Kerala, convinced of the facts of the case by the petitioner, over ruled the Director of Medical Education and issued orders directing the DME to appoint the petitioner as lecturer trainee, which the DME, after a certain amount of procrastination, did.

In sharp contrast to his experience in Alleppey, in the vicious atmosphere in Medical College, Trivandrum every thing goes topsy-turvy . The petitioner attributes this to a sharp difference in the basic ethos in the two establishments.

In T.D.Medical College, Alleppey the primary function of the Department of Physiology was to teach the students and the teachers get paid for doing the job; the petitioner was completely at home there. On the contrary, the primary function of the Department of Physiology in Medical College, Trivandrum was job generation for medical doctors.

For instance, in the mid nineties and there about, a whole allied department in Biophysics was existing in Medical College, Trivandrum, the sole function of which, as far as the humble knowledge of the petitioner goes, was to create five additional vacancies for the teaching staff in Physiology in Thiruvananthapuram. In order to justify the existence of the biophysics dept. the student hours used to be wasted on various pretexts. Neither in TD Medical college Alleppey nor any other medical college in kerala the first MBBS students had practical classes in biophysics. i used to tell the students that once they pass out they can write after their names M.B.,B.S.,(with biophysics) And many a time, the subject matter of the practical classes in biophysics for the first MBBS students in Thiruvananthapuram was "library visit" during which time they were made to sit in the central library of the very same college.

In the initial stages when the petitioner joined T.D.Medical College, Alleppey many a time the total number of teaching staff in the department of physiology used to be four or five made up of two lecturers and two or three professors. Medical College, Trivandrum all through had its full quota of ten professors and ten lecturers. In T.D.Medical College, Alleppey lecturers perforce had to take lecture classes over and above the normal routine of practical classes. In Trivandrum the petitioner never was allotted a lecture class even on a trial basis. there was no need or say there was no chance for according to the statistics available to the petitioner the work out put of an assistant professor and above in the department of physiology of medical college trivandrum in those days was 1½ hours of lecture classes in a month!

The result, the petitioner is afraid, was that the department of physiology of medical college trivandrum in effect had become the proverbial devil's workshop .

The petitioner believes in earning his salary and accepts that he is temperamentally unsuited to establishments like the department of physiology of medical college, Thiruvananthapuram. However he never interfered in other people's affairs nor tried to force his ideas on others. Unfortunately the petitioner, an "outsider" had "intruded" into their safe havens inadvertently as there was no M.D., course in Physiology in T.D.Medical College, Alleppey and the vested interests in Medical College, Trivandrum who were the direct beneficiaries of the peculiar situation in the establishment there, saw in the petitioner, with his uncompromising nature on matters of principle, a thorn in their flesh.

From the very beginning the petitioner was putting up with the most humiliating and embarrassing situations in the Department. The petitioner feels that the precedence given to the pg students in the department's attendance register, after that of the part time sweepers, was symbolic of the status of the pg students in the Department of Physiology of Medical college, Trivandrum.

The petitioner's ego was terribly hurt, when, in January 1996, an associate professor broke into a practical class being conducted by the petitioner and threw the students out. The petitioner kept his cool and put his protest in writing to the head of the department vide his letter no. MCT/021-a/96 dated 06 January 96 is produced herewith and marked EXHIBIT Pxx.

The Head of the Department of Physiology (HOD), Medical College, Trivandrum named the petitioner, a member of the faculty , a suspect when some OHP papers disappeared from her office in the mid nineties.

At a later date, a senior professor of the department told the petitioner that the HOD was going to come to his house to look for a text book that had gone missing from the department library. yes; i did retaliate this time and told the professor "whomsoever enters my house on such a pretext will be kicked out". the retort " this is not the way you talk about madam". my response "it is nothing personal ; i was making a generalized statement"
The petitioner all through had studied in Govt. schools and colleges and never had a private tuition in his life. As a teenager, in the early sixties, he used to walk (5+5) ten kilometers from his home village to his school in Mahe and back almost daily, for four years from age 11 to 15, to save the bus fare of (8+8) sixteen paise; this when his father was working in the registration department of the Kerala Govt. where at least during those days nobody ever demanded a pay raise. To the petitioner the allegations of petty thieving against him were rather painful.

In a sharp turn of events, the Head of the Department of Physiology, the reporting officer who had given a flattering report to the petitioner in the confidential report (CR) for the year 1995, gave an adverse report to the petitioner in the very next year 1996.

As a member of the teaching faculty the petitioner felt that his first responsibility was towards the students and he had done every thing possible within his limited means to improve the standards of teaching. The head of the department had herself accepted it in the petitioner's CR for 1995. Solely with this aspect in mind the petitioner had suggested changes in the functioning of the set up . However these suggestions were never taken in the right spirit. Like for example rather than twenty five students crowding around a lecturer in the practical class with the majority of them not able to see what is going on, the students be split into three or four groups and three or four demonstrations be held simultaneously by that many number of the lecturers. Of course this would have increased the number of classes any lecturer had to take and obviously was not acceptable to the others.

Another suggestion of the petitioner in those early days was that one or two batches in the practical classes may be entrusted t o one particular lecturer as a means of cultivating a sort of healthy competition amongst the lecturers. Again the suggestion was not accepted.

Human Physiology is a scientific discipline where there is no place for dogmas . The petitioner had given his students, full freedom to comment and criticize him, for he felt that was the way he could improve himself. In fact the petitioner had procured a voice recorder and used to record his classes and listen to them to detect any flaws.

Rather than follow the beaten track the petitioner had evolved his own style of teaching and the students used to appreciate it . But the unfortunate fact was that at the time of the practical examinations, where, in sharp contrast to the situation in Alleppey the petitioner never had any say and was just a spectator, those of the students who were following the petitioner's teachings used to be penalised though the methods were more scientific .

The petitioner had pointed out the fallacy in the logic in the way experiments were being carried out on stray dogs in the department of physiology of medical college Thiruvananthapuram. When the authorities refused to take cognizance of the facts, he brought the same to the notice of the principal Medical College, Trivandrum in june 1997 vide his letter no. mes/008-a/97 dated 13.6.97 copy of which is produced here with and marked EXHIBIT Pxx , this in view of the fact that the practice was unscientific and could have lead to fatalities. In the above context, photocopy of a news item in the english daily, the Hindu of a later date is produced herewith and marked EXHIBIT Pxx

The petitioners impression is that the powers that be in Medical College, Trivandrum, have a single track mind and even the slightest deviation will derail their train, as usually happens in case of first class use of third class brains.

Some time in mid 1997 the petitioner had refused to follow the practice of making the first year MBBS students fill foreign blood in the ESR pipettes by mouth suction in the course of the practical classes. Again this was done with the best interests of the students in mind.
It is a fact that the petitioner as well as most of the then staff members of the department of physiology of medical college Thiruvananthapuram during their student days had filled ESR pipettes in the above manner and invariably had sucked blood accidentally into their own mouths on occasions. Times have changed since and the current teaching is that all blood other than ones own are "to be treated" as infective. Again, before taking this decision the petitioner had made inquiries in the other departments of Medical College, Trivandrum and had come to know that trained technicians had long back given up the practice of mouth suction.

The petitioner took up the matter with the higher ups vide his letter No. mes/014-a/97 dated 03 October 97 addressed to the principal Medical College, Trivandrum copy of which is produced herewith and marked EXHIBIT P55. But the Thiruvananthapuram medical college authorities probably felt that it was below their dignity to change their ways on the suggestion of the petitioner who according to the intelligentsia of Thiruvananthapuram was an imbecile, and chose to ignore the facts even at the peril of the students. For the "elite" of the dept of physiology, in their selfishness, their ego was more important than the welfare of the students.

However all was not lost. During the next year when the petitioner represented the matter to the then Director of Medical Education, Kerala vide his letter No. mes/026-a/98 dated 21 july 98 copy of which is produced herewith and marked EXHIBIT Pxx and the lady ensured that the practice was stopped.

when some time in late September 1997, he was given the CR form for the year 1996 the petitioner made a casual reference to the circumstances in the department in the self assessment part of the confidential report. A copy of the petitioner's self assessment dated 23rd September 1997, is produced herewith and marked as Exhibit Pxx.

The end result was an adverse report in the petitioner confidential report for the year 1996 signed by the reporting officer (RO) in October 1997. This adverse report was written by the same reporting officer who had given a flattering report to the petitioner in 1995, the very previous year. This adverse report found its way to the dossier of the petitioner in the office of the Director of Medical Education, Kerala and was shown to the petitioner only in may 1998, a couple of days after 30 April 1998, the day the reporting officer retired from service.

The petitioner felt that the confidential report on him for the year 1996 did not reflect the correct state of affairs, but was made on account of intense prejudices and other reasons intended to spoil the entire career of the petitioner and made a representation on the matter as per rules in this regard to the Director of Medical Education, Kerala vide his No. mes/021-a/98 dated 22nd may 98 copy of which is produced herewith and marked Exhibit P1. The authorities obstinately refused to take any action one way or the other on the petitioner's representation for four years till the petitioner challenged the inaction in the Kerala High Court in a writ petition in the year 2002.

Some time in the year 2004, during the course of a writ petition in the High Court of Kerala, the petitioner came to know for the first time that the reporting officer who had certified that the petitioner was of exemplary conduct and excellent discipline in 1995 had in the CR for the very next year 1996 recommended that the petitioner be given behavioural therapy in the secret part of the CR on the petitioner for the year 1996. With hind sight the petitioner sees this remark as the first of a series of covert attempts at medicalising the petitioner and bringing him within the ambit of the mental health professionals, thereby silencing him and getting rid of him once and for all.

This was followed up by a slander campaign, the central plank of which was the "dementia hypothesis". It was an extremely difficult situation for the petitioner, teaching seventeen year old youngsters who had been told by none other than the members of the teaching staff that the petitioner, their teacher, was insane and is an ignoramus.
The petitioner faced the situation with fortitude and could carry on regardless thanks to the teenagers who did not take things in their own hands as, perhaps, the propagandists expected of them."ellam sarikku paranju tharunnuntallo; pinne entha ee parayunne?" "athokke veruthe paranjundakkunnatha" it was a bit of conversation between two students that the petitioner had over heard after he had finished a class : "he is explaining every thing well; then what is all that talk about ?" "that is all cooked up stories"

The situation in the department was extremely vicious and anybody could have said or done anything to the petitioner or about him and got away with it; not only that the authorities would have appreciated it. In fact a lecturer who had joined the pg course after the petitioner had once told him bluntly: "you have got a bad reputation and i think i can use it to my advantage" and he did.

In the department of physiology of T. D. Medical College, Alleppey the male as well as female lecturers had a common staff room. In Trivandrum the sexes were segregated and the male members of the teaching staff had no staff room. It was soon after his arrival, on the initiative of the petitioner that a staff room of sorts for male members of the teaching staff came into existence in the department; and every body made themselves comfortable there. However within no time the tide had turned and the petitioner had to move out of this staff room to a remote corner of the lab in order to avoid an altercation. Later the Head of the Department ordered that he should be moved from the corner he was occupying and from 1997 onwards the petitioner used to spend his time in the journal section of the college library and come to the department only to take classes.

The petitioner was aware of two cases of complaints by female medical doctors, of sexual harassment by male members of the staff in a neighbouring department of the same college; and as far as the petitioner's information goes nothing came out of those complaints. Being an unmarried middle-aged male, that too without any kith or kin and living alone, the petitioner was acutely aware of the delicacy of his situation in the above context.

The petitioner was at maximum risk when he had to enter the HOD's office for signing the attendance register and used to do the signing when no one was inside the room and get it done and get out as quickly as possible. In his panic, the attendance register, made of very flimsy government stationery, had occasionally got punctured by his ball point pen tip. To avoid this eventuality the petitioner later tried using felt tipped pens but the result was that, thanks to the quality of the paper used to make the attendance register, the ink started spreading. At a later date all these instances were taken as reason for "doubting the mental status of the subject" by Dr. G. Sujathan, a police surgeon specially entrusted by the then principal Medical College, Trivandrum, a psychiatrist, (i have absolutely no problem naming the "great" man, but the problem is that i am not very sure of the person's identity and there is no way i can clarify) with the job of framing the petitioner.

In January 2001, Prof. Dr. (Mrs.) K. Vijayalekshmi Menon the then Head of the Department of Physiology insisted that the petitioner had taken twelve days of casual leave in December 2000, and thereby exceeded the maximum number of days of casual leave allowed in a year. This was in spite of the fact that as per the attendance register the number of days were in fact ten only. When the petitioner pointed out this to Dr. Menon, the learned professor got two of her staff members to vouch for the fact that the number of days marked as leave in December 2000 added up to twelve and not ten. It was the petitioner, an ordinary mortal, all alone, single handed, against three of the intelligentsia of Thiruvananthapuram medical college. But the petitioner was not impressed and wanted to take the opinion of some of the students - Dr. Menon did not agree. Later in a written statement given in reply to the petitioner's written request for details of the casual leave availed in writing Dr. Menon back tracked. The petitioner had put the matter in the knowledge of the principal vide his letter No.mes/000C/01 dated 16 january 2001, copy of which is produced herewith and marked Exhibit P1.

The petitioner was at a loss to understand as to why the hod wanted to prove that ½ + ½ = 1½; but with hindsight he feels that this was by way of Dr. Mrs. Menon's contribution in the efforts to substantiate the "dementia hypothesis". It all sounds silly; but this was the situation the petitioner was actually facing in the department of physiology of Medical College, Trivandrum.

Being a word of mouth propaganda there was no way the petitioner could produce proof for slandering in a court of law; and being a complete loner with no kith or kin, no one would take up cudgels on behalf of the petitioner nor would any one want to rub the powers that be the wrong way and stake their future prospects in order to help the petitioner who has nothing to offer in return.
Some time later in 2001, Mr. Rajasekharan an insurance agent and a friend of the staff came and told the petitioner while he was standing on the varandah of the department : "madam paranju sarinu manda budhiyannu" ( madam told me that you are an idiot). This statement was made in the presence of dr. K. j. singh, one of the male lecturers of the department.

The petitioner, unlike some of the other staff members of the department was not a chum of this insurance agent and had nothing to do with him. This "gentleman" met the petitioner for the specific purpose of conveying what "the madam" had told him. It was just part of a concerted effort on the part of "the madam" to rub salt into the wound. The petitioner took it in his stride.

And in October 2001, immediately after Mr. Rajasekharan conveyed "the madam's" message, the petitioner made a complaint to the kerala state human rights commission copy of which is produced herewith and marked Exhibit Pxx . The above complaint was made under the impression that this time the petitioner would be able to bring out the truth by cross examining Mr. Rajasekharan and if necessary the lecturer who witnessed the episode.

There was no response from the authorities of Medical College, Trivandrum to the repeated summons from the commission for more than one year. It was then that the petitioner gave in writing to the Head of the Department of Physiology that it will not be possible for him to take classes till such time as the vicious atmosphere in the department is cleared.

In the course of a writ petition in the kerala high court in 2004 the petitioner came across an "inquiry report" that the Director of Medical Education, Kerala had produced as evidence in the court. A copy of the above enquiry report is produced herewith and marked Exhibit Px.

The above report, Exhibit P1, was cooked up by an unscrupulous police surgeon specially entrusted by the then principal Medical College, Trivandrum, a psychiatrist, with the job of framing the petitioner. The Thiruvananthapuram medical college authorities had not only flouted all the rules to be followed in the case of departmental enquiries but had thrown to the wind all the basic tenets of decency in their panic in view of the repeated summons from the kerala state human rights commission.

the enquiry officer has signed the report on 17.6.2002 but the petitioner first came across the enquiry report in 2004 in the reply filed by the DME in WP of 2004 of the kerala high court.
The petitioner was never given a copy of the report.
The enquiry officer claims that the above enquiry was conducted by him as per the orders of the principal medical college Thiruvananthapuram in response to a complaint made by the Head of the Department of Physiology to the principal.

The petitioner had no information about the above complaint by the HOD. He was never informed of the fact, that the principal had ordered an enquiry on him, though this was mandatory.

The "enquiry officer" Dr. G. Sujathan had never come any where near the petitioner in connection with the enquiry and the whole "enquiry" was carried out by remote control without ever bothering even to make an attempt to find out what the person being enquired upon has to say on the matter. That means there was no real enquiry and it is just a cooked up report - a fake. Though the supposed to be complaint of the Head of the Department of Physiology was about the petitioner not "engaging classes" the main finding of the enquiry officer is that he ( the enquiry officer, a Police surgeon ) "doubts the mental status of the subject".

The petitioner's impression is that the enquiry report served its purpose, that of bailing out the culprits in the petitioners complaint to the kerala state human rights commission. There was no response from the kerala state human rights commission for the repeated requests of the petitioner for a copy of the reply filed by the respondents.

The refusal of the kerala state human rights commission to provide a copy of the reply filed by the Thiruvananthapuram medical college authorities to the complainant, for all practical purposes, stopped him from proceeding further on the matter. This the petitioner feels was the first of a series of denial of the basic rights of the petitioner and considers it an instance of role reversal by a tribunal established for the very purpose of protecting human rights.

The insanity plank has been the trump card being used by all and sundry on the sly and in the open in efforts to neutralise the petitioner ever since and the above fake enquiry report , along with other similar documents, the petitioner is afraid, is being used successfully to "substantiate" the fact in all legal forums.

In the year 2002, the petitioner filed OP no. in the kerala high court challenging the adverse remarks in his CR for the year 1996. This was in view of the DME's refusal to give a decision one way or the other on the petitioner's representation on the adverse remarks in the CR. The petitioner had tried all the the other avenues and waited in vain for four years after making the representation before he approached the judiciary.

In response to the directions of the Hon'ble Court in the above OP, the DME issues orders rejecting the petitioner's representation. The pretext for the rejection was that he the director cannot give a decision on the matter without the confidential report for the years 2000 and 2001. This ridiculous decision of the DME was quashed by the Hon'ble high court in the second petition WP no. of 2003 which was prepared and presented by the petitioner in person. A copy of the above judgement is produced herewith and marked Exhibit P4.

This time again the DME gave a decision rejecting the representation. The petitioner responded promptly with WP no. of 2004 challenging the latest decision of the DME. The case was admitted and the Hon'ble Court ordered that notice be issued to the respondents. WP no. of 2004 of the Kerala High Court was the third writ petition on the same matter . The decision in the previous petitions had gone against the DME but the authorities were dragging their feet on the matter on false and flimsy pretexts and even at this stage was not ready to see reason .

Acutely aware of the fact that there is no way they can subdue the petitioner in a straight fight the authorities started foul play in earnest . Every effort was made from the very beginning to stall the proceedings. On march 3, 2004, immediately before the petitioner was to present WP no. of 2004 in the kerala high court his brief case containing the case files went missing. Later after the case the petitioner came to know that his brief case was with the "special branch" police and he collected it from office of this particular branch of police in Ernakulam.

The petitioner would like to bring to the notice of the tribunal that his briefcase went missing in the taxi stand of the Ernakulam junction of the southern railway, which was in the domain of the traffic police. Also, by what the petitioner takes to be a strange coincidence, the presiding judge specifically asked the petitioner at the time of the hearing whether he had the case files with him. The petitioner believes that it was not an accident but a "security operation" by the spy networks of the Indian police.

the notice issued to the respondents who all have their offices in trivandrum, which is only a few hundred kilometers from Ernakulam where the kerala high court is located, was not acknowledged by the respondents even after three months! Things got stuck and the petitioner had a difficult time putting things back on the rails! ultimately after more than four months, a counter affidavit was filed by the DME.

The petitioner came to know of the existence of the affidavit only in the court. when he demanded a copy the govt. pleader refused saying that it has been sent by post. copy of the counter affidavit was finally delivered to the petitioner on 12 July 04. Incidentally this legal document was sent by the govt. pleader under certificate of posting (and not by registered post) which means there is no record of the date of delivery and as to when it was delivered. in short the delivery may or may not be effected at the discretion of the police men "managing" the petitioner's affairs in trivandrum.

In listing the documents of the affidavit a number of alphabets h, i, j and k were missing - after letter "g" the next letter is "l". The petitioner, an ordinary mortal and not a learned lawyer, is not aware of the significance of this missing letters but finds this suspicious and in view of what followed later in the case, sees another spy model covert operation.

The petitioner filed a reply affidavit in august wherein over and above other things he has expressed serious doubts about the genuineness of the documents presented as exhibits and the veracity of the statements made by the DME suggesting that the respondent had committed perjury .

The hearing of the case was fixed for25th of September 2004 . His lordship, the presiding judge, himself told the petitioner that though 25th of September 2004 is a Saturday, the court was going to be in session on that day.

when the petitioner reached the kerala high court on September 25, 2004 on time, he was told that the case had already been taken up on the previous day, September 24, 2004. The petitioner feels cheated and rightly so.

The petitioner managed to hold on to his job by the skin of his teeth putting up with all sorts of humiliating situations for he could not have survived without a salary and there was no way he could have found alternate employment at his stage in life. However the authorities' efforts at preventing him from getting his MD degree and advancing further in his career did succeed. And in spite of his managing to procure a seat for the MD course on his own merits while in his mid forties he retired from service exactly where he started, as a lecturer, on April 30, 2005 on superannuation at the age of 55 yrs.

The petitioner paid the gratuity he received from the army with interest to the kerala government as per the orders of the DME in order to get his army service counted for pensionary benefits. However the DME refused to issue the nlc there by preventing him from collecting the gratuity due to him for no valid reason whatsoever. Ultimately the petitioner approached the honble lok ayukta of kerala on the matter.

The DME procrastinated with the help of cooked up stories and falsified documents, the hall mark of the above office, even after the hon'ble lok ayukta issued specific orders to release the gratuity amount to him. It was only the stern action and fear of the wrath of the honble lok ayukta that ultimately forced the DME to allow the petitioner to draw the gratuity rightly due to him including the amount on account of his army service.

Unfortunately for the petitioner retirement from government service did not bring an end to his ordeals. It was the proverbial out of the frying pan into the fire sort of situation that the petitioner has been facing.

Ever since his retirement from service the petitioner has been living in rented houses in Thiruvananthapuram as usual on his own, minding his own business. During the period from march 2002 to march 2005 the petitioner was putting up in a rented house no.403, bapuji nagar, Thiruvananthapuram-XI, PIN 695011.

On the night of february 14, 2006, one of the residents of a neighbouring house, along with an accomplice, broke into the petitioner's rented house at around 2100hrs, threatened the petitioner and showered vulgar abuses on him. A fist fight was avoided by the petitioner keeping his cool and refusing to respond to the taunts of the assailant, in spite of the acute provocation. After about half an hour of shouting abuses the assailants walked away threatening to beat the petitioner to death. A compact disk containing a picture of the assailant and a voice record of his threatening to beat the petitioner to death (in his mother tongue malayalam) is produced here with and marked EXHIBIT P.1

The petitioner is aware that the assailant is the resident of house No. BN 400, bapuji nagar, Thiruvananthapuram PIN 695011, the second house on the opposite side of the road in front of BN403, the petitioner's then residence. The petitioner never had any dealings of any sort, verbal or otherwise, what-so-ever with this assailant prior to the above incident. In fact, the first ever interaction between the petitioner and this "neighbour" of his for almost three years, was on that fateful night.

There is no reason what-so-ever for the above assailant, who is a perfect stranger as far as the petitioner is concerned, to take umbrage on the petitioner; nor would they have dared to commit such a crime but for the peculiar circumstances of the petitioner's existence.

An ex-service officer, and a service pensioner of the kerala government, the petitioner has no criminal record whatsoever and never had any brushes with the law of the land, not even a case of traffic rule violation, till date. All the same, the petitioner has been and still is at the receiving end of the criminal activities of a gang of plain clothes men from the spy net works of the government. The petitioner has been suffering the torture for more than a decade now.

The above gang of criminal elements from the spy net works of the government has all through been in hiding and carrying on their nefarious activities through their hired thugs from amongst the obliging populace of Thiruvananthapuram. All that is visible out side is a gang of decrepit and lidestitute old men who do the biddings of the spy and, the liipBirds let loose in the vicinity to scent mark the spy's territory. The grape vine has it that it is a police man who calls himself "cbi officer" and his stooges from the spy net works of the local police like the "special" branch who is behind these atrocities.

Every one of the basic fundamental rights of the petitioner guaranteed by the Indian Constitution are being trampled upon with impunity by the spies, abusing their tremendous clout with the officialdom including those from the judiciary. The atrocities perpetrated on the petitioner by these government "officers" are a disgrace to even the most primitive of societies and can never even be imagined in any civilized society.

The petitioner respects the law and not the whims of the policeman however mighty and influential. All through he has stood up to the covert criminal activities of the spy net works of the indian police.

The petitioner has strong reason to believe that the assailant of february 2006, the resident of house no.BN400, bapuji nagar thiruvananthapuram was acting on behalf of and on specific instructions from a senior member of the spy net work of the indian police who was parking himself during the nights, in the above assailant's house, no.BN400, where the "officer" was being dined, wined and entertained and from where he was directing the nefarious activities targeted at his hapless victim.

The attempted assault on the petitioner by the assailant from bn 400 was just one of the many efforts orchestrated by the spies to terrorise the petitioner and subdue him and make him submit to the demands of the police men.

The torture methods practised on the petitioner by the spies are on par or even worse than the blinding incidents in Bihar or with making human being eat human faeces said to have been done in the police lock ups in Kerala. The methods however are more sophisticated befitting the "standards" of the ace spies of the government.

The spy knows that murder is messy for various liiireasons and what is being aimed at is a "therapeutic murder" with the help of "specialists" in the field carrying out the execution using "sophisticated" techniques where there is no body to be disposed off.

The ghastliest of the criminal acts of these agents of the government happened on a february night in 2003. during this period, 2000 - 2003, the petitioner was putting up in a rented house in Kattela in Srikaryam in the outskirts of the city. This was in an effort to shake off the spies and get some peace and do some reading for the petitioner still believed that there was light at the end of the tunnel and was aspiring to get his MD degree.

One night in February 2003 the petitioner who was asleep in his bed room woke up at about 0300hrs in the early morning and found that his bed sheet was soaked in blood. A picture of the blood soaked bed sheet along with a picture of the mattress underneath which had soaked up the blood is produced herewith and marked EXHIBIT P00.

The blood was in the region of the bed where the waist would be. The first thing that occurred to the petitioner was that it could be from the urethra and he went to the toilet and tried passing urine. To his relief he found that the urine was clear. Obviously the blood had not originated from the urethra or, for that matter, from the anus. There were no visible wounds, neither fresh wounds nor old ones which could have gaped, or other injuries, as far as he could see on the visible part of the petitioner's body.

The petitioner does not suffer from any bleeding diathesis and never had an episode of such severe bleeding from his body before that black night in february 2003 and it never recurred. After this incident the petitioner used to not only ensure that he bolt his bed room door but lock it up as well from the inside where possible before going to sleep.

The petitioner has strong reason to believe that a highly invasive and potentially very dangerous and even lethal, diagnostic procedure was carried out on him after putting him out without his permission or his knowledge even.

The procedure carried out on that night in February 2003 on the petitioner could not have been performed by any one other than a medical doctor and taking into account the circumstances of this particular case, the most likely scenario is that at least one medical doctor trained in anaesthesia was involved in this crime which is against all ethical norms of the medical profession and a serious offence under the various sections of the indian penal code.

The petitioner has no idea whether there are specialist doctors appointed to the spy net works by the government to perform this sort of "operations" - like the ones who administer "truth serum" in this country and those who help in giving the lethal injections in certain "civilized" countries.

A practising anaesthetist is most unlikely to risk his career and practise and perform such a dastardly act which is not only against all ethical principles but is a despicable act of crime. The petitioner's presumption is that it could be some one who had worked in the anaesthesia department but could not make the grade to get into a post graduation or permanent posting and had perforce shifted to a non-clinical discipline. He could show off to the spies and if he nurses a grudge against the petitioner this will be the chance of a life time for him - this is the most humiliating situation the petitioner can visualise for himself.

the practice as the petitioner knows of it in the olden times is that after drilling a six centimeter deep hole in one's back cotton dipped in tincture benzoin is used to seal the hole to prevent infection and stop bleeding. But then there was a possibility of the petitioner coming to know of what had happened. The philanthropic physicians of Medical College, Trivandrum and the spies did not want to take this risk .

There was a possibility that the petitioner could have bled to death or could have developed other fatal complications but this could easily be taken care of by producing a "relative" and paying her off. The spy's only problem is the person of the petitioner.

A neighbour of his who was sent to the petitioner's gate a few days prior to this by the spies to provoke an altercation, had during the harangue told the petitioner that the plain clothes policemen were trailing the petitioner to "look after" (nokki natathan) him as per the orders of his mother. So the break in could not have happened without the knowledge of the "security personnel" and the petitioner firmly believes that whatever has happened under cover of darkness was stage managed by the spies trailing the petitioner.

There is no way the petitioner can identify the spies. The petitioner till today has the bed sheet preserved as it is, without washing, for the last five years for it could contain tell-tale DNA evidence; but under his present circumstance there is no way he could get the necessary investigations carried out.

The petitioner has strong reason to believe that the powers that be of the medical college Thiruvananthapuram in general and the dept of physiology in particular who were hand in glove with the spies in their various nefarious activities were actively involved in this particular atrocity as well.

Taking into account the time required to stage such an operation the incident happened immediately after the fake enquiry report, exhibit was cooked up. The petitioner has strong reason to believe that the then principal medical college Thiruvananthapuram, who as far as the petitioner's information goes was a practising psychiatrist, along with his chum the police surgeon and enquiry specialist, who jointly scripted the drama of the "enquiry" were the master minds behind this atrocity as well.

In the period immediately following on the bleeding incident, the then Head of the Department of Physiology of Medical College, Trivandrum, Prof. Dr. (Mrs.) K. Vijayalekshmi Menon, had stopped allotting classes to the petitioner. This, the petitioner feels was a sequel to the happenings in his bed room on that night in February 2003 and the then Dr. Menon, at the least was aware of the happenings and what followed.

Later another professor of the same department had made an effort to help the petitioner with his MD thesis work. She was stopped in her tracks by Dr. Menon probably after sharing the information gathered by the "security" operation on that night in February 2003.

The petitioner's conclusion is that the break in and the bleeding were the results of the attempts of the powers that be to substantiate the dementia hypothesis which is the main weapon in the arsenal of the spies.

The petitioner is not aware of any provision for ordering a break in and performing a procedure on a person without his knowledge or permission even if that person happens to be a raving lunatic as per the rules in vogue in this country in order to facilitate a policeman's collecting evidence or as a part of treatment by a medical doctor for that matter.

In a civilized society, no circumstance however complicated will justify this sort of dastardly action that amounts to torture . . . . . .

to be continued

viceman

080923
updated 080928

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PS. many of the documents referred to are available on the net

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