Showing posts with label tyrannical Indian legal system. Show all posts
Showing posts with label tyrannical Indian legal system. Show all posts

Thursday, January 27, 2011

Example of biased Police behaviour

A letter to the journalist Nishant Sarwankar of marathi daily Loksatta.

Dear Nishant,
Recently I read your article in loksatta, dated 25th Jan 2011 in Mumbai Vrutant.
 http://www.loksatta.com/index.php?option=com_content&view=article&id=131549:2011-01-24-15-18-27&catid=41:2009-07-15-03-58-17&Itemid=81

Some points from the news item.

परंतु तुम्ही जर गुन्हा नोंदवत नसाल तर मला पोलीस आयुक्तांशी बोलावे लागेल, अशी धमकी त्याने दिली.
 परुळेकरांनी ही बाब वरिष्ठ निरीक्षकांच्या कानी घातली आणि अखेरीस गुन्हा नोंदविण्याचा निर्णय घेतला.
 This and the preceding content in the article, shows that actually the P.I Shyam Parulekar, bowed down to pressure, and registered a baseless complaint.  The P.I. has shown helplessness, while in reality, he should have had stood his ground, and refused to collaborate with these  people.

गुन्हा नोंदविलेला असल्यामुळे त्या तरुणाला अटक करणे त्यांना भाग होते.
 Nothing can be farther from truth. Criminal Procedure Code, doesn't makes arrest "mandatory" specifically in offences of the class of 498A. The P.I. did the arrest, just to please the women. The P.I. certainly showed a lack of courage and truth. The P.I.  also doesn't seems to be aware of CrPC 41A ammendments, done in 2010.

 The article printed in loksatta, also says, that the P.I. slapped the husband. It is further written, that he did this, to generate sympathy for the husband. Nice. Is beating an innocent person, the only way to generate sympathy for him ?

 Point is you have painted the P.I. as a hero, when in fact he has acted as per the whims and wishes of a women, who had money and connections. And in the process he has harassed an innocent person, fully knowing well, that the charges are false. This also shows, that the faith reposed by CrPC in Investigating Officer is so incorrect. In fact, this story shows how a police officer has abused his power.  Instead of criticizing such biased and morally corrupt officer, you are praising him ?

 Thanks
 Sandesh  Chopdekar,
 9890925273, Pune

Latest - The journalist, has accepted the discrepancies by the police, and has said, that he would be careful in future.

Wednesday, May 12, 2010

Kasab's conviction - Anything to rejoice ?????

Kasab the lone terrorist of Mumbai attack, was recently convicted.  The reaction shown in the media, was that  people were welcoming the judgement.

http://www.expressindia.com/latest-news/26-11-case-Kasab-found-guilty-Fahim-Sabahuddin-acquitted/614204/

Let's look at what the prosecution achieved........
 Well the only thing, that prosecution achieved was Conviction of kasab for killing people.
  Well, if kasab couldn't be convicted for killing, no person in the world can be convicted of murder ! He killed people openly, was caught on CCTV, scores of people saw him. Wasn't it a cakewalk  to convict him ? He had committed a crime in front of so many people.

 During the trial, prosecution lawyer Ujjwal Nikkam was bragging, that the pakistani connection needs to proved, and he will prove it. Well  no pakistani connection was proved. And if it cannot be proved in an Indian court, it won't be proved in a pakistani court either.

 Two of the accused, Fahim Ansari and Sabahuddin were acquitted. Judge rubbished  the evidence shown by prosecution. The prosecution had shown some shoddy  hand drawn maps, by these two. The judge commented that when google has better maps, why would anyone resort to such shabby maps.

 So to summarize, after wasting 271 working days, the prosecution (read Indian government) couldn't prove in its own court, the grand conspiracy it had bragged to unearth. It could only prove facts, which were as clear as daylight. Rest, all were just bragging, with which it could only fool people. And didn't achieved anything concrete. It took them 271 working days, to prove such a simple fact. What a shame. This also proved that incompetent Indian legal system is toothless, and helpless against terrorists, and can only harm innocent people.

Thursday, March 11, 2010

Judiciary's own mess - Ocean of pending trials

Courts across India are flooded with litigations. The number of pending
litigations is so huge, that by one estimate, it will take thousands of
years to clear up these pending cases. It is quite normal in India, that
trials run for decades, before a judgement is delivered. Justice delayed
is justice denied. This problem is so grave, that Indian citizens, have
lost faith, that they will get justice in Indian courts.

Various reasons for this grave problem are given. one being that the
judicial process is slow. However there is a very important point, which
the judiciary has failed to address. The issue of frivolous complaints.
Most judges in India, do not follow the Procedure laid down, while admitting
cases. Judges do not apply their mind, when a case is brought before them.
This act plays well in the hands of evil people, whose sole motive is to
initiate judicial proceedings to harass someone. Knowing that it will take
years for the trial to end, the ordeal of trial is one of the biggest
punishment being inflicted on innocent people. Common innocent people,
who are not well versed with the law, are an easy prey for such litigations.
It is the job of judiciary to avoid such vexatious litigations. But
unfortunately the judiciary fails miserably on this front.

This problem can be easily solved if the judges apply their mind, while
admitting complaints, or say framing of charges, etc. On paper, the
judiciary says, that "Anyone is innocent, until proven guilty". However
this principle isn't generally applied in practise. Millions of innocent
people have to face the torturous ordeal of trial in India. It is beyond
doubt, that there is rampant corruption in India. Millions of these
innocents have to face the humilating torture of corruption too, through
the judicial offices. One has to pay bribe, even to lay hands on their
own documents. Despite all these issues, it is pretty unfortunate, that
this extremely serious issue, is not gaining much attention in India.