GROSS VIOLATION OF HUMAN RIGHTS

AND INCONSTITUTIONAL

HANDLING OF CASE BY THE JUDGES OF THE

KRISHNA KUMAR TOLARAM GANGTANI

These are only some highlights, wherein it can be seen clearly see how InterFaith Activist Anand Krishna (AK) have been subjected to Mental/Emotional and Physical Harassment as well as Torture; and his Fundamental Human Rights Violated by the ill-practice of “Vexatious Litigation”

1. February 2010: AK was falsely accused of sexual harassment, however the case was not reported to the police first, but to National Commission of Women (Feb 12), and brought to the media, with a huge black campaign, by a group of Radicals who clearly did not agree with his Pluralistic Views, his Works (more than 150 books to date), and his various ongoing campaigns and projects to celebrate Unity in Diversity (www.anandkrishna.org, www.anandashram.asia)

1. Still in February 2010: While the black campaign on the media continued, AK was reported to the police (Feb 15), with the sole accuser a 19 years old girl. This was definitely not in line with what they reported to the media that the number of victims were as high as 19 or 42.

1. There was a statement in an online media from the sole accuser’s lawyer stating “The Sexual Harassment (Case) was only an entry gate to more seriously problem, i.e, (going to become) Religious Blasphemy.” Quoted by media onlines on Feb 25 2010

1. April 2010: After several weeks of interrogation by the police, at one time, in spite of medical reports submitted on his diabetes, hypertension and other medical complications, AK was held from morning until late evening, during which for the last 3 hours or so, he was not even allowed to go to the toilet. As the result AK collapsed and rushed to the Police Hospital, where for the next 3 days he was put on heavy dosage of pain killers and some kind of sedatives.

Finally, when he was allowed to shift to another hospital, he was diagnosed with bigeminy, a heart condition, which has ever since continued, wherein under a little physical stress his heart beat can increase up to 3 folds, which can be fatal.

1. August 2010: After months at the office of the Prosecutor, the dossier was finally submitted to the court. The closed sessions, which continued to April 2011 was, but a joke. The witnesses were not being asked questions about the alleged criminal charges made, but about his books, thinkings, writings, and his works.

1. The Judges, especially the presiding judge would ask him the reason for the use of incense; why was he teaching meditation; why was he talking and writing about reincarnation etc, etc. He was being projected as someone who was trying to convert the participants’ religion through meditation classes.

1. Then, on March 9, 2011, even before all witnesses & AK, as defendant, gave their testimony & produce alibi, he was detained.

1. As response against this detainment, he went on Hunger Strike, which lasted for 49 days. Once, when brought to the court, he collapsed due to the same heart condition, left for hours on the court grounds without any medical helps, as they thought he was making it up. A doctor called and saw my condition, he literally forced the prosecutor & judges to let AK be taken to the hospital immediately.

1. In a bad shape, about 10 days later, he was forcibly taken to the prison again by the prosecutor, where in less than 48 hours his health condition deteriorated, and rushed to the hospital again. His blood sugar had dropped to 64, which could result in comma, plus he had suffered a minor stroke, which has affected his left leg. 

10. Meanwhile, the presiding Chief Judge was, apparently, having illicit affair with one ot the witnesses who said she was also sexually abused by AK, outside the court’s vicinity. Hundreds of photographs and many witnesses supported this illicit relationship between the judge and the witness involving in the same case.

11. This illicit relationship was reported to the Supreme Court & Judicial Commission, brought to the media, and as the result of which, the entire panel of judges was changed on June 7, 2011. This time the new panel was presided by a judge of very high integrity & clean record, Albertina Ho.

12. She decided to hear testimony of all the key witnesses & finally on November 22^nd 2011, AK was acquitted of all charges and his civil rights reinstated – CLEAN SHEET.

1. 13.  According to Article 67 and 244 of Indonesia Penal Code Procedure (KUHAP), Appeals cannot be brought to the Supreme Court when the defendant has been freed of all charges and declared innocent by the lower court.

14. However, it is common and already known that the prosecutor will make an attempt of an appeal of such verdict based on a Minister of Justice 1983 decree that declared acquittals by a lower court could be challenged in the Supreme Court for reasons of “condition, law, justice and correctness” based on The Supreme Court Jurisprudence.

15. A Ministerial Decree has LESSER legal weight than a formalized law such as KUHAP (Violation of Universal Legal Principle of Lex superior derogat legi lex inferiori), and the supreme court jurisprudence IS NOT even included as The Source of Law & Hierarchy of Laws, according to People’s Representative Assembly Decree (TAP MPR) No. III/2000.  

16. But, on July 24^th 2012), the Supreme Court overturned the acquittal, which is a sheer violation of Human Rights of having legal certainty, all decency of Human dignity, and definitely UNLAWFUL – a process that can take years, took only few months, and within a matter of days, the verdict is already passed to the district court, as such it can be executed anytime, and AK can be UNLAWFULLY imprisoned for 2.5 years.