My letter petition to the Hon'ble Chief Justice of India, requesting the Highest Court of the Land to please take cognizance of the serious Glut of Drugs all over the country, its 'export' and 'import', included. An entire generation of the nation has either been lost or has become incapacitated on this count.
A PIL is also being readied on this ground.
The Letter Petition includes and additional 100 page 'short' reports about the serious drug situation in each of the constituent Indian States and Union Territories...
Registered post
LETTER PETITION
The Hon’ble Chief Justice of India,
The Supreme Court of India,
Bhagwan Das Road
New Delhi 110001
Subject:
DRUG CRISIS IN INDIA, NEED FOR JUDICIAL SCRUTINY
Sir,
Preliminary
1- I, Shashi
Kant, I.P.S. (retd.), a former police officer of the rank of the Director
General of Police in Punjab, have been working as a human rights and an anti
drug activist for several years now. On account of this reason, I was
ordered by the H’onble High Court of Punjab and Haryana to assist the Hon’ble
Court in an ongoing petition CWP-2011 (O&M), Tarlochan Singh vs. State of Punjab and others. This petition
was about the smuggling and availability of drugs in prison houses of Punjab.
Accordingly I had appeared before the Hon’ble court on August 13, 2013 and
submitted my suggestions in form of a note, for favour of consideration. Several
suggestions were graciously accepted by the Hon’ble DB No. 1.
2- To keep the
perspective right, I may kindly be permitted to give my short background.
I, Shashi Kant, a 1977 batch (RR), officer was borne on the strength of the
Punjab cadre. I have intense and in depth knowledge on a wide variety of
subjects on account of my having worked in the state of Punjab, in various
capacities and in various wings including field as also head quarter postings,
including that of Deputy Inspector General and Inspector General of Police;
Additional Director General of Police; intelligence, security, internal vigilance
and operations; and then as Director General of Police; home guards, armed
battalions and of prisons. I had also served in the Government of India for a
long time and served in intelligence agencies, Ministry of Home Affairs as also
Ministry of External Affairs. I worked on a number of sensitive postings /
assignments and carried out overt and covert operations as well, some of which
were directly reported to the Prime Ministers. I am a decorated officer who has
been considered as a core intelligence officer, besides being also known as an
‘activist’ officer. I retired towards the end of June 1012. Since then I have
been actively involved in ‘social and civil movements’ including that of Anna
Hazare.
3- It was
during my posting as the Director General of Police (prisons) that I once
again, (the first being in 2007 when I was posted as the head of the
intelligence wing of the Punjab police and had got compiled a detailed list of
drug barons / lords of Punjab, their associates and accomplices, which included
several top politicians across the spectrum, police, security and other
officials and ‘gentlemen’ civilians. This list was personally handed over by me
to the Chief Minister, but no action was taken by him and the list did not see
the light of the day there after. Punjab government has been issuing different
and divergent statements on this count. In the open DB No. 1 of the Hon’ble
Punjab and Haryana High Court it was stated by them, sometimes in 2013 /2014
that,’ the list is not traceable’, then ‘list is not on record’ and then and
shockingly, ‘the list has been tampered one’. Several renowned lawyers are
witness to it.), saw and studied the problem of drugs in Punjab, both in
the open civil society and in the prison houses. I was shocked and moved by the
magnitude there of and I decided to dedicate the remainder of my life to fight
against the scourge of drugs and narcotics in the country, all facets thereof
included, including the smuggling there of and de-addiction.
4-
Having seen and intensely studied the problem of
drugs from very close quarters I had moved a Letter Petition to the then
Hon’ble Chief Justice of Punjab & Haryana High Court with the request that
the same be kindly be accepted as a PUBLIC INTEREST LITIGATION. The same was
graciously accepted by the Hon’ble DB No 1 and listed as CWP No. 20359 0f 2013
(O&M), Court on its own Motion Vs. State of Punjab and others.
5- Through this petition, I had drawn the
attention the Hon’ble court towards the fact that on account of the unholy
nexus between some politicians, some officials of the security forces including
police and some other segments of the society / officialdom etc, almost an
entire generation was lost on account of drugs in Punjab. (A
copy of my letter petition is enclosed for favour of ready reference.)
6- Subsequent
to the posting out of the then Chief Justice, the CWP was pursued by several
other benches and now it is before the DB headed by Hon’ble Justice Mr. Surya
Kant. The bench was kind enough to implead, at my request, the state of Haryana
and U.T. Chandigarh as well because both of them are also facing a serious drug
crisis in which generations, particularly the younger generation is getting
ruined. It is the question of their life and death. The case is being taken up in
all its dimensions.
Submission;
1- Drugs
are the biggest and one of the most serious of the challenges before the
country and needs to be crushed ruthlessly. Whereas the drug policy of the
Government of India is full of loop holes, hardly any of the constituent states
have any serious policy to combat it. Wherever such a policy exists, it is just
on paper and is not being implemented in the right earnest. Despite the concern
expressed by the Hon’ble Prime Minister, in his Man Ki Baat, no action has been
taken by any of the Governments. It may
also be stated here that at several places including Goa, Mumbai, Delhi and
Upper Parbati region of Himachal the drug trade is being run by foreigners.
2-
Common
intoxicating / euphoric drugs which need to be controlled / curbed include;
i- Opiates
(opium products / derivatives)
ii- Cocaine
iii- Psychotropic pharmaceuticals
iv- Synthetic and designer drugs etc
v- Curbs
also need to be strengthened on Hashish/
Marijuana/ Bhang and other similar ‘herbs’ besides
vi- ‘Inhalants’ like thinner etc which are often being used by kids from slum
areas as the first step ‘drugs’ before they become full-fledged addicts.
3-
Origin
of drugs;
i-
Of these, Opiates (Heroin / Smack) are primarily coming
in from the ‘Golden Crescent’ consisting
of Afghanistan and some areas of the North West Frontier Province of Pakistan.
They mostly are being brought in through the Punjab border followed by areas
falling in states of Rajasthan; though route from across J&K, Himachal,
Gujarat and Mumbai besides the Nepal border are also used, though to a lesser
extent. Opiates, that are Heroin / Smack coming in, are for consumption within
our country as also for further export to the United States and Europe besides
Australia and other countries.
ii-
The
other major originating place for this category of contraband, that is Heroin, is The ‘Golden Triangle’ located in the area consisting of
Myanmar, Laos and Cambodia etc. Heroin is smuggled in, primarily through the
North Eastern states and West Bengal. Drugs coming in through these routes are majorly
for consumption in various states, primarily those in the North East, West
Bengal, Bihar and Odisha etc.
iii-
Cocaine
is
being brought in the country by ‘couriers’ landing at various airports. Most
important of such ‘import centers’ include Mumbai and Goa.
iv-
Psychotropic
pharmaceuticals, Synthetic / Designer Drugs are
being produced all over. Ingredients like Ephedrine and Pseudo Ephedrine are
procured from various ‘pharmaceutical parks’ and other hubs manufacturing drugs
despite the fact that they are ‘controlled substances. Some of the latest of
such designer drugs are also ‘imported’ directly on one pretext or the other
and sold off on either false prescription in the black market.
4-
All of
them are almost freely available across the country, particularly all
metropolitan towns.
5- Unfortunately
no statistics is available to indicate the quantum of drugs trade / drug
addiction / deaths / incapacitation on their account. Rough estimates about the quantum of drug
trade are available only for the state Punjab. It is said to be to the
magnitude of sixty to hundred thousand crores of rupees per year. This money is
traded through hawala and illegal banking practices and is utilized for various
purposes, mostly politics. There will be hardly any politician in the country
who ever mortgaged / sold his house or property for electoral or political
purposed. Wrong details are given to and accepted by the Election Commission of
India and by the Income Tax Departments.
6-
Possible
suggestions to combat the menace may include following;
i-
Cutting the chain of supply and arrest of the drug barons after
identification thereof by the police with the help of the central agencies
including the CBI.
ii-
De addiction of addicts by the health department
iii-
Their 'settlement' (job wise) by various ministries
iv-
Amending the legal provisions for removal of stigma attached
with the word addiction. Addiction is just a disease and can be cured. Its
declaration as ‘disease’ will bring in the Indian Medical Council and the
medical fraternity in a big way. A lot many national and international agencies
which provide donations for medical causes may also be able to help the addicts.
v-
Counseling of the family members as also of the addict by health
dept
vi-
Creating awareness in the society on the issue of drugs by all
ministries
vii-
Induction of a syllabus on drugs by the education departments.
The syllabus for various age groups needs to be prepared by the education
department with the help of psychologists, sociologists and psychiatrists
viii-
Similar education program for the parents to recognize the signs
of drug addiction among kids, even from the primary stage and education as to
how to 'handle' the kids
ix-
Adequate sports activities among youth
x-
Carrier counseling for children and youth of various age groups
xi-
Trying to improve employment opportunities to the extent
possible
PRAYER;
1-
Through
this letter petition, I beg to draw the attention of this Hon’ble Highest Court
of the land towards the pathetic state of affairs in the entire country on
account of open and easy availability of drugs because of which generations are
either being lost or are getting incapacitated in more than one ways.
2-
The
Hon’ble Chief Justice of India, himself is aware of the hopeless situation
across the country where drugs business continues to thrive on account of the
involvement / unholy nexus between some politicians, some officials of the
security forces including police and some other segments of the society /
officialdom.
3-
The
Hon’ble Chief Justice is himself known as a crusader against drugs and has been
expressing himself strongly on the issue.
4- The
petitioner is enclosing herewith information which is available on the net and
indicates that the entire country is flooded and affected by drugs.
Some of the Hon’ble High Courts including Punjab & Haryana High Court and
the Himachal Pradesh High Courts have taken suo moto notice of the drug
situation in their respective areas. It
is humbly requested that the Drug situation needs to be centrally monitored by
this Highest Court of the land and suitable / uniform instructions need to be
issued to all Hon’ble High Courts in the country as also to the Union and all
State Governments to take action as per a uniform ‘Standard Operating
Procedure’ to crush the unholy politician – police – officialdom - smuggler
nexus operation in the country.
5- The
petitioner, though not a lawyer, has immense knowledge on the subject and is
prepared to assist the Hon’ble Court as desired to bring an end to the
prevailing and continuing NARCO POLITICS AND NARCO TERRORISM.
6-
It is
humbly submitted that the performance of each of the states needs to be closely
monitored by a standing committee to be appointed by the Hon’ble Supreme Court
under the chairmanship of a retired judge of the Hon’ble Supreme Court. It may
have such number of members as deemed fit by the Hon’ble Court. This
body should ideally send regular reports
to the Hon’ble Supreme Court and be open to its regular scrutiny.
7-
Lastly
it is prayed again that this submission be treated as a PIL, in national interest
and be dealt with accordingly.
(Shashi
Kant)
Chandigarh,
June 30, 2016
#1258,
sector 18-C
Chandigarh
Mobile;
8054433333
E.Mail;
shashi.kant.ips@gmail.com
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