Thursday, February 12, 2009

New amendment to Criminal Procedure is bound to fail.


The new amendments in the Cr.Pc however good is bound to fail, if judges continued to act mechanically, traditionally and on personal tastes and biases oblivious of the spirit of the law, the objects, the makers of the laws had in their mind, principles of equity, good conscience and natural justice.


The previous law required the police to act blindly i.e. register F.I.R, arrest the accused and investigate, and the judges to scrutinise and be the watch dogs over the police but that rarely happened. In reality judges started applying non standardised self made thumb rules, bent upon denying bails. The mandatory power of arrest and non application oc mind on the part of police has destroyed life and reputation of millions of Indians.
In the year 2007, 2,800,000 people were arrested and 700,000 convicted.


Those who file false cases rarely get punished because of the defect in law which has not been addressed yet. Victim can go ahead for malicious prosecution only if judge declares the allegations false and frivolous.

Tuesday, February 3, 2009

Lawyers demonstrated today.




The lawyers from other four courts of Delhi i.e. Kakardoma, Tishazari, Rohni and Dwarka came in a motorcade of 40 cars. Mr. Kola shouted from a mini-truck on the microphone asking us to come out. We were assemble in the lawn at gate no. 2 listening to speeches of senior lawyers about the demerits of the new amendment to section 40 and section 314 of Indian Criminal Procedure Code.We went out. I climbed onto one of the mini-truck, where the president of our Bar and other office bearers were also present.The motorcade made a round of India gate slowly shouting slogans against the government's anti-people policies and the amendments. Nearly in 45 minutes we reached back our court where we were given again dozes of lectures and of course refreshments and tea.They said that amendment was made thoughtlessly to protect the politicians who are increasingly coming under the scanner for a plethora of crime and corruptions.The police have been given the powers which hitherto were exercised by the judges –Now the pit is not mandatory for police to make arrest in offences attracting punishment unto seven years. It is upto the police officer whether he arrests or not. There was wisdom behind giving the powers to judges of judicial scrutiny of the action of the police. It was a part of perfect check and balance system.

They said that aping west would be counterproductive because the caliber and character of Indian Police is known to everybody. It is a license to extortion and also to save the politicians from going behind the bars as they are increasingly coming under the scanner for range of heinous offences and corruption

Arvalli range destroyed.



The early departure by of winter and strange weather condition during this time of the year is being linked to the flattening o Arvalli Range by illegal miners and encroachers. It is not a day's job, not kind of activities that would escape the attention of authorities and politicians for so long. Our P.M had rightly alarmed the nation on Independence Day that one of the worst and most dangerous enemies of India is corruption. Yamuna is becoming narrower and narrower day by day because of the encroachments by political backed builders generating crores of Rupees. They won't be able to win the Himalayas because China is on the other side and on the other sides Taliban and Paki terrorists. India is the land where the head is held high and they are free - these criminals not 800 million.
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