MAKE JUDICIAL SYSTEM PEOPLE FRIENDLY & TRANSPARENT

It  is high time that delivery of justice becomes transparent and people friendly.
 My bike was stolen and was recovered by the Police. I had to spend nine days with advocate, court and police officials altogether to get the bike released. Though everybody agreed that the bike was mine. Even then it took nine   painful days. In such cases, when ownership is not disputed, the Police should  be authorised and instructed to handover the bike to its true owner immediately after taking surety/bond.?

Similarly my  one friend N.K.Mehta was government witness in a criminal case. He did not receive any summons or bailable warrant to give witness in the court. One fine morning an ASI of Bihar Police called on him with a non bailable warrant. You may just guess how a common man will feel in such situation. How anyone will dare to volunteer himself to help the law enforcing machinery?

 A broad day light robbery was committed in one of bank's branches at Motihari.  All the staff members present at that time were made government witnesses. All had the same  oral complaints that they did not receive any summons or bailable warrant . The Police informed them that nonbailable warrants against them had been issued by the court.  However since this issue involved many staff members so the Police was lenient, they just advised them to give witness in the court and get their  non bailable warrants  withdrawn.

In a false & fabricated case, once a Magistrate in Gujrat issued warrants against the then honourable Chief Justice of India, Justice V.N.Khare and the then honourable President Mr. A.P.J.Abdul Kalam.

 Should there not be a greivance redressal system in the courts also to fix respnsibility on delinquent employees and punish them?
 

Once The honourable Mr Justice P.Sathasivam, the Chief Justice of India  expressed concern over the steady decline of reputation of Judiciary and legal profession while addressing Judges, Advocates and other eminent persons in Chennai.

Now it is high time that something concrete is done to address the issue.

CHANGE THE LAW

The Juvenile Board  ruled that 6th accused of Delhi Gang Rape case was a minor to the utter dismay of masses. The Police in its charge sheet  reported that  this 6th accused, ruled minor by the Juvenile Board, was the biggest rascal in the whole ugly episode. The Juvenile Board also declined the demand of the Police for bone test of the accused.

 However in America the minors involved in the heinous crimes can be awarded life imprisonment. In Britain also the law is  stern for the crimes committed by the minors and punishment is awarded according to their age. In some cases they are treated like adults. However in our country maximum punishment of 3 years can be awarded.

 So it is the need of the hour to change the law suitably.    

TIPS TO AVOID MISUSE OF 498 A

498 A is a dreaded draconian law. It is more misused than used. Once one honorable Chief Justice of India termed this law as,"LEGAL TERRORISM." This law appears to be pro women but the travesty of the fact is that it works against women also. During its misuse the false case under this section is filed against all women of the family including old ailing ladies. According to one survey highest number of women have been arrested under this section. Thus it is very much necessary to know tips to avoid its misuse since none knows who will become its victim.
Generally small differences in the family culminate in filing false cases under 498 A. Therefore it is very much essential that marriages are made in the families of same background. It has been seen that if someone marries with the girl of richer or more well to do family. The bride refuses to adjust with the groom's family members.  There is a pressure on the groom to  break away from his family members. If the groom refuses to comply, the resulting tension sometimes culminates in false 498 A case. In one such case the bride committed suicide and the hapless groom's family had to face case under section 302 B.
Recently I interacted with two families which became victims of 498 A misuse. Both of them told that their very close relatives were involved in the marriage. So they did not make proper and discreet enquiries about the bride and her family. In one case the bride was mentally challenged, the groom's family tried to adjust but could not succeed. In another case the the bride used to lose temper frequently. Her husband took her with him at Delhi where he was doing job. But she could not adjust there also.She left the groom's house and after some months filed false case under 498 A. The Police came and arrested groom's mother, father, brother and brother's wife. The ladies were released after sometime and rest were sent to jail. All this could have been avoided if there were proper and discreet enquiries about the would be life partners and their families. So even if some close relatives are involved in marriage negotiations, never forget to make proper and discreet enquiries yourself, since it is you who will have to face the music.
If you are suspecting misuse of 498 A, tell your parents to legally disown you by advocate's help. You may also contact other sites such as 498a.co.in and www.498 A. org etc., for guidance. 

DEVILS ARE EVERYWHERE

We hear too much about dignified dress etc.,.  Many persons argue that in small towns and villages, females wear dignified dress, therefore rapes are not committed there.  In fact, rapes are committed in small towns and villages also. Earlier such incidents were being hushed up due to fear of  victim's bad name.

 Now the females are courageous enough to report such atrocities to the Police & Media. In remote villages,  such cases are not reported even now. In 1947  Parda System was in vogue , even then the devils committed rape in the name of religion. Some of the psycho-paths are committing are committing rapes of 5-6 years children. Are these children wearing provocative dresses?

However we always advocate that dignity should be maintained by every human being irrespective of sex, cast,creed, etc.

HANG THE DREADED RAPISTS & MURDERERS

The gang rape of the hapless 23 year girl in December,12 and her unfortunate death  shocked the entire nation.Now two beasts gang raped 5 years old Guriya. These devils have lost their rights to live on our holy earth. We demand that the dreaded criminals must be hanged to death at earliest.

The incident has also reflected on the bad law and order situation in our national capital. A few years ago a friend of mine was looted in broad day light near Uttam Nagar metro railway station. Many persons were silent spectators. None came to his rescue.

 Therefore we also appeal the Government to address law and order issue effectively in our national capital.

m










n
















n

Is This Not Like A Police State?

Our Indian Penal Code consists of Large Number of Cognizable Offences where a Police Official can arrest a person without any warrant.

Even in bail able offenses, the Police can put handcuffs in a person’s wrist and produce in a court by pulling with a thick and big rope.

 Section 66 A of IT Act is one more addition to draconian laws enacted by our democratic and welfare governments in our welfare state. Even the British in colonial rule did not enact such a large number of draconian laws.

 One SHO reportedly   has powers to lodge FIR by becoming informant himself and arrest the accused. It is said, "Power corrupts and absolute power corrupts absolutely." Obviously the Police Officials cannot be exception. Perhaps this unfettered power to arrest is a big reason that common citizens are very much apprehensive of the Police.

 Arrest of young Pal Ghar women is sufficient to prove it. It is welcome that the Chief Justice of India showed his displeasure on the ugly episode. The Police Officials involved in arrest were placed under suspension since there were large scale protests against arrest of innocent young women.

 

 But thousands of innocent persons are being arrested and languishing in jails after being implicated in false cases. Shall anybody take the causeS of those hapless persons? 

SPADE FOR SPADE

Filing a false criminal case against the husband and in-laws for harassment amounts to cruelty and is ground for divorce, the Bombay high court. "Humiliation... that is caused on account of arrest and detention of appellant and his family members and relatives in a false case does constitute menta

l cruelty to enable the husband to seek decree of divorce on this sole ground," said a division bench of Justices A P Deshpande and R P Sondurbaldota while granting divorce to a Pune resident.

Dyanesh Soparkar and Lata (names changed) had an arranged marriage in March 2001 as per Hindu rites and they have a daughter. According to Soparkar, on the wedding night itself Lata called him blind for wearing spectacles and complained that she was given to understand that he earned a higher salary than what he actually got. The couple had frequent quarrels, according to Soparkar, over his wife's insistence that they stay separately.