Law, Lawyers, Judiciary

[Capt M Kumar]

NEW DELHI: "Even God will not be able to save this country," a fuming Supreme Court on Tuesday said while slamming the government for its refusal to amend the law for launching criminal prosecution against those who illegally occupy official houses.

<span style='font-size:21pt;line-height:100%'><span style='font-family:Geneva'>"We are fed up with this government," the apex court said, adding "They don't have the guts to differ with the opinion of the clerks." </span></span>

http://timesofindia.indiatimes.com/Even_Go...how/3330091.cms

[Capt M Kumar]

A woman who appears to be promiscuous in her sexual behaviour cannot be forced into a sexual relationship and nobody has a "licence" to rape her, the Supreme Court has said.

"Even if the victim in a given case has been promiscuous in her sexual behaviour earlier, she has a right to refuse to submit herself to sexual intercourse to anyone and everyone because she is not a vulnerable object or prey for being sexually assaulted by anyone and everyone," the apex court observed.

http://timesofindia.indiatimes.com/No_one_...how/3418468.cms

[Guest]

<span style='font-size:14pt;line-height:100%'><b>SECULARISM IS ANTI-HINDU

The secular judiciary is no exception</b>
</span>
<b>Not judicious enough
</b>
Tue, 06 Jan, 2009,02:30 PM

In a stern message to the BJD government of Orissa, the Supreme Court has observed that it could not allow the ‘persecution’ of ‘minorities’ in this ‘secular’ country.

It has also asked the Naveen Patnaik government, which was elected democratically with an imposing majority, to quit if it could not protect the minorities.

The Apex Court’s observation and rhetoric have come while it was hearing a petition filed by Archbishop of Cuttack Raphel Cheenath.

The Supreme Court, like most public institutions in India now, has struck to politically correct ideas on secularism in recent times.

The observations on Sabarimala pilgrimage, the questions on Rama Sethu, the remarks on dress code at Guruvayur Temple and the statements on M F Hussain’s balsphemous paintings among many others are classic examples for the ‘over activism’ of the judiciary.

But on many occasions, its observatiosn seem lop-sided and even discriminatory. While expressing its concern over the alleged rape of a nun, it has remained silent on the murder of Swami Lakshmananda Saraswathi.

It was surprising to note the Supreme Court saying that it had been flooded with queries from different countries about the rape case and one can only wonder why should it bother about such unwarranted queries ‘engineered’ by the local elements.

Did the Apex Court not receive queries from concerned citizens and organisations on Swamiji’s murder? Does it mean to say that the foreign countries have more locus standi than the Indian organisations?

How many times did the Supreme Court warn or condemn the Dravidian government of Tamilnadu, which wantonly denigrates the Hindu Gods, Hindu culture and Hindu religion?

How many times did the Supreme Court question the ‘secular’ credentials of the Marxist government of Kerala, which meddles with the temple affairs? How many times the Apex Court has asked the central and state governments to protect the interests of the majority community?

It is a long time since it pronounced the verdict for the execution of dreaded terrorist Afzal Guru in the Parliament attack case, but, has it ever questioned the delay?

Although the constitution of the HR & CE Department itself is against the Constitution, the Supreme Court has never made an observation to that effect in the last sixty years, despite hearing a number of cases pertaining to that.

As per the Freedom of Religion enshrined in the Constitution, no ‘secular’ government has the right to interfere in the religious affairs of a particular community, whether majority or minority. Why the ‘freedom’ allowed to Churches and Mosques have not been passed on to Temples?

The Supreme Court has directed the Centre long time back to adhere to the Constitution with regard to the ‘Common Civil Code’, but so far successive governments have not adhered to its direction.

Why can’t the Supreme Court pressurise the central government and parliament to pass an ordinance for the same? The Judiciary through the eyes of Law must view ‘secularism’ as equality’.

It cannot differentiate between majority and minority and it must also view all the governments with the same yardstick, for the governments are democratically elected ‘by’ the people, ‘for’ the people and ‘to’ the people. Selective secularism does not behove well for the country.

http://newstodaynet.com/newsindex.php?id=1...0&%20section=13

[Guest]

<b>Noida rapists to be booked under NSA</b><!--QuoteBegin-->QUOTE<!--QuoteEBegin-->The 10 men charged with gang raping a young woman here will be booked under the <b>stringent National Security Act (NSA) and the Gangster Act</b>, given the gravity of the crime, the police said on Wednesday.

"Such heinous acts can't be tolerated in a civilized society. These barbaric acts are no less a threat to the national character and could be committed only by wild gangsters," Inspector General of Police (Meerut Range) Gurdarshan Singh told IANS.

"Therefore, I have asked my officers to impose the NSA and the Gangster Act on these wild criminals," he added.
<!--QuoteEnd--><!--QuoteEEnd-->

Here is a problem, this is plain rape case why to misuse NSA or Ganster Act? Why one rape is different then other rape incidence. Guys father is in Police and now he is misusing his power.
This is a major problem in India, they behave with emotions not based on law. When tools are available use them and speed by case and punishment.
This is not NSA or even Gang involvement.
This is deplorable way of handling such case in India.

[Capt M Kumar]

The Supreme Court overturned the high court decision. It played down the import of Joshi’s promise. “In our opinion, a mere statement that the first Hindu state will be established in Maharashtra is by itself not an appeal for votes on the grounds of his religion but the expression, at best, of such a hope.”

Thanks to such reasoning, Varun may well defend himself against the charge of electoral offences by claiming that he too was merely expressing the hope that Pilibhit would be rid of Muslims after the elections and that he was not really appealing for votes on the grounds of his religion.

http://timesofindia.indiatimes.com/Sunday-...how/4329003.cms

[Capt M Kumar]

<!--emo&:devil--><img src='style_emoticons/<#EMO_DIR#>/devilsmiley.gif' border='0' style='vertical-align:middle' alt='devilsmiley.gif' /><!--endemo--> According to the report, the untruths included:
A pregnant Muslim woman Kausar Banu was gangraped by a mob, who then with sharp weapons gouged out the foetus;
Dumping of dead bodies into a well by rioters at Narora Patiya; and n Police botching up investigation into the killing of British nationals who were on a visit to Gujarat.

SIT also said the charge that Mr Pandey was helping mob that attacked the Gulbarga Society was untrue. “The truth was that he was helping hospitalisation of riot victims and making arrangement of police bandobast,” senior counsel Mukul Rohatgi said.

Mr Rohatgi also told the court that 22 witnesses, who had submitted identical affidavits before various courts relating to riot incidents, were questioned by SIT. “It was found that they were tutored. The affidavits were handed over to them by Ms Setalvad. They had not actually witnessed the riot,” the counsel said.

http://economictimes.indiatimes.com/News/P...how/4397849.cms

[Guest]

<!--QuoteBegin-->QUOTE<!--QuoteEBegin--><b>Justice Yadav in double trouble</b>
pioneer.com
Rakesh K Singh | New Delhi
CBI awaits CJI nod for registering another FIR against her for using ‘fake papers’ to buy land
<b>The Central Bureau of Investigation (CBI) that probed the “cash-at-door scam” against Justice Nirmal Yadav of the Punjab & Haryana High Court has sought permission from Chief Justice of India KG Balakrishnan to register a second FIR against the accused judge for allegedly using fake documents to purchase 11 bighas in Solan district of Himachal Pradesh. </b>

<b>Investigators said the land was purchased a day after Rs 15 lakh was mistakenly delivered at the residence of another judge of the Punjab & Haryana High Court, Justice Nirmaljeet Kaur, on August 13, 2008</b>.  <!--emo&--><img src='style_emoticons/<#EMO_DIR#>/biggrin.gif' border='0' style='vertical-align:middle' alt='biggrin.gif' /><!--endemo-->

Top agency sources also said there was enough circumstantial evidence with the CBI to suggest that the money was delivered by <b>Delhi-based hotelier Ravinder Singh and former Additional Solicitor General of Haryana Sanjiv Bansal, both accused in the cash-at-door scam, at Justice Kaur’s residence.</b> It was allegedly meant to be given to Justice Yadav on August 13, 2008, for executing the land deed, a day before it was registered in her name.

Sources said the Central Bureau of Investigation Director wrote to the Chief Justice of India in February this year to register a fresh FIR against the accused judge. But so far, the CJI has not responded and the investigating agency is not in a position to proceed further.

The Central Bureau of Investigation sources said the land in Solan was registered in Justice Yadav’s name on August 14, 2008, for which she sought permission from the Himachal Pradesh Government and allegedly furnished fake documents to fulfill the legal requirements for purchase of the agricultural land.

The investigations also revealed that J<b>ustice Yadav allegedly pressured the State Government officials for granting her permission to purchase agricultural land beyond the municipal limits of Solan</b>.

According to the Himachal Pradesh Tenancy and Land Reforms Act, 1972, transfer of land to non-agriculturists has been barred under Section 118 of the Act, except after due permission from the Government. As per the law, even a domicile of the State can only purchase land within municipal limits of a city and is debarred from buying agricultural land without clearance from the Chief Minister’s Office.

The investigation has also revealed that <b>the land was purchased at a rate way below the prevailing circle rate in Solan, thereby causing a loss to the State exchequer,</b> the CBI sources said.

Following delivery of the Rs 15 lakh at the residence of Justice Nirmaljeet Kaur, allegedly by Bansal and Singh, the Chief Justice of the Punjab & Haryana High Court ordered a CBI inquiry into the case. The CBI probe revealed that Justice Yadav was allegedly the real beneficiary of the money that landed at the residence of her namesake, Justice Nirmaljeet Kaur. The money was allegedly to be paid to the land owner for sale of the land to Justice Yadav.

Central Bureau of Investigation Director Ashwani Kumar has to take a call on prosecuting Justice Yadav after contradictory opinions of the law officers and investigators of the cash-at-door scam. While the investigators have opined that a chargesheet should be filed against Justice Yadav on the basis of the evidence gathered during investigation, Director of Prosecution SK Sharma and the then Attorney General of India Milon Banerjee had expressed a contrary opinion, saying a case is not made out against her.<!--QuoteEnd--><!--QuoteEEnd-->
When Priyanka Vadra can buy why not other.

[Capt M Kumar]

LUCKNOW: Rejecting objections of advocate-general Jyotindra Mishra, the Lucknow bench of the Allahabad High Court on Tuesday issued notice to chief
minister Mayawati in connection with riot and arson at the residence of state Congress president Rita Bahuguna Joshi.

The bench also issued notice to CB-CID, governor’s principal secretary, Union government and CBI on the writ filed by Joshi seeking CBI probe into the case.
http://timesofindia.indiatimes.com/news/ci...how/4934974.cms

[Capt M Kumar]

<!--emo&:ind--><img src='style_emoticons/<#EMO_DIR#>/india.gif' border='0' style='vertical-align:middle' alt='india.gif' /><!--endemo--> Democracy at it's cutting edge:
The court said, “declaration of assets by Supreme Court judges is an information under Section 2 (f) of the RTI Act. The information pertaining to declaration given to the CJI and the contents of such declaration are information and subject to the provisions of the RTI Act”. The HC turned down plea of the SC, which had said that the disclosure of information on assets given to the CJI by other judges was ‘unworkable’.
http://economictimes.indiatimes.com/Politi...how/4966161.cms

[Guest]

I see this as payback by political masters to keep the judiciary in check. Remember 2 years or so ago, we had an "activist" judiciary that legislative was unhappy about. I dont think the judiciary will take this lying down. More fun to continue, I suspect.

[Capt M Kumar]

If former Haryana police chief SPS Rathore has got away with a six-month sentence for molesting a 14-yearold girl, Ruchika Girhotra, who

killed herself three years later while desperately searching for justice, it is mainly due to a glaring lacuna in the 150-year-old Indian Penal Code, which does not have any provisions for child victims of sexual molestation.

http://economictimes.indiatimes.com/news...368369.cms

[Capt M Kumar]

Making sense of these words, Rao said, “There can be a defence by the Governor that he acted in his discretion which is provided under Article 163. But the words given in Article 192(2) take away this discretion by substituting it with the opinion of the EC, which the Governor is bound to accept.”



The opinion is supported by senior advocate and noted jurist Rajiv Dhavan. He said, “On a bare reading of the Constitution, the Governor is simply to refer to the Election Commission and although his decision is final, he is bound by the view of the Election Commission.”



Commenting on the case at hand, Dhavan added, “Under Article 192(2), there is no real scope for a preliminary opinion. It amounts to sequentially inventing a hearing where there is none.”



As things stand, it was on June 3 that Bhardwaj had referred to the Commission a complaint filed by Congress MLC MC Kondaiah seeking disqualification of the Reddy brothers — G Janardhana Reddy and G Karunakar Reddy, holding Tourism and Revenue portfolios respectively in the Karnataka Government — and their associate B Sreeramulu, the Health Minister.



The disqualification was sought on the ground of conflict of interests. The MLC alleged that as members in the State Government they could swing the Government contracts in favour of their private mining business. The complaint was filed in January this year following which a detailed hearing was conducted by the Governor. He, subsequently, referred it to the Commission. http://www.dailypioneer.com/260800/Did-K...e-gun.html

[Capt M Kumar]

NEW DELHI: The verdict on the Bhopal gas tragedy has "come late", National Human Rights Commission (NHRC) chairperson and former Chief Justice of India K G Balakrishnan said here on Monday.



"The verdict on the Bhopal gas tragedy has come late," Balakrishnan, who took charge as NHRC head on Monday, said at a press meet.



"I can't comment on the quantum of punishment. Inadequacy of a sentence is a ground for appeal and the aggrieved parties can appeal on the same ground," he added. http://timesofindia.indiatimes.com/India...019509.cms



This 1 is by Ravi Shankar Parsad of BJP whereby he has compared the lessons learned from this judgement with the bill on nuclear accident, if any, at hand in Parliament now:

http://www.bhaskar.com/article/NAT-lesso...55.html?RG



Union carbide's rejoinder on this judgment is also worth reading: "Union Carbide and its officials were not part of this case since the charges were divided long ago into a separate case.



"Furthermore, Union Carbide and its officials are not subject to the jurisdiction of Indian court since they did not have any involvement in the operation of the plant, which was owned and operated by the UCIL (Union Carbide India Limited)," a company statement said.



Reacting to the Bhopal court verdict, the statement said by requirement of the government of India, the Bhopal plant was detail designed, owned, operated and managed on a day-to-day basis by UCIL and its employees. http://news.in.msn.com/national/article....id=3982304

[sai_k]

http://www.hindu.com/2010/06/14/stories/...291300.htm Americans are above our rule of law. Brown India must be satisfied by White Justice where MNC bosses are indicted. nderson is an American, so is Union Carbide. Its ukase is just on Asian fuel in earth. Indian justice is for municipalities and panchayats, not beyond.

These words from Ex chief justice!!!!!!!

[Capt M Kumar]

NEW DELHI: A woman can be prosecuted under the Domestic Violence Act as absence of such a provision can encourage the men to instigate female members of a family to commit violence, the Delhi High Court has ruled.



"It is common knowledge that in case a wife is harassed by the husband, other family members may also join him in treating the wife cruelly and such family members would invariably include female relatives as well. http://timesofindia.indiatimes.com/artic...iltofriend

[Capt M Kumar]

MADURAI: In several hamlets in the caste sensitive pockets of south Tamil Nadu, the law of the land has ceased to exist. Here, it is the ‘kattapanchayat’ or kangaroo courts that rule. A few months ago, Nagaraj, a dalit from Vedasandur in Dindigul district, married a non-dalit girl, Sumathi. Fear of reprisal prompted them to flee the village.



They returned a month later hoping that their parents would accept them. But a ‘kattapanchayat’ was immediately convened. Following its orders, the couple was taken to a coconut grove. A goat was slaughtered, its blood smeared on the couple’s heads and their marriage declared null and void. The girl was later given away in marriage to a man from her caste. http://timesofindia.indiatimes.com/india...052384.cms

[Capt M Kumar]

<img src='http://www.india-forum.com/forums/public/style_emoticons/<#EMO_DIR#>/sad.gif' class='bbc_emoticon' alt='' /> Banks and financial institutions submit STRs to the Finance Ministry's Financial Intelligence Unit (FIU) which forwards to other investigative agencies all reports suspected to involve terror funding and money laundering.



The Task Force report commented upon the misplaced confidence of Indian officials regarding the low risk of NPOs being used as conduits for terrorist financing.



"While Indian officials indicated that they believe the terror financing risk in the NPO sector is small, it is difficult to understand how they can maintain this confidence, in light of the fact that they were unable to state the size, wealth and activities of the majority of NPOs in India." http://www.expressindia.com/latest-news/...ssindia%29

[Capt M Kumar]

If Justice Kumar “doesn’t care”, Justice K. Kannan, a much younger judge of Punjab and Haryana High Court, found out that he had bitten off a bit more than he could chew.



Justice Kannan’s blog mnkkannan.blogspot.com came with the rider not to seek “legal advice” and allegedly got a hit too many for his liking. Sources said he couldn’t withstand the heat and stopped blogging altogether.



No other instance of a judge blogging or tweeting has come to light, but it has been enough to send the normally cloistered judicial establishment into a tizzy. http://www.telegraphindia.com/1100921/js...962365.jsp

[Capt M Kumar]

"I have a three-fold prayer," Swamy told the court. "The first one is that the court should take cognizance of my complaint against the former minister and issue summons to him. The second prayer is that I be appointed as a deemed public prosecutor under the provisions of the Prevention of Corruption Act and investigating agencies like CBI and ED be directed by the court to assist me." (His third plea was that the court summon Raja.) The court reserved its order till January 7.



Swamy referred to correspondence between him and CBI wherein CBI said, "Though an FIR has been filed in the scam, no person has been named as accused.



Read more: Swamy files plea, wants Raja summoned - The Times of India http://timesofindia.indiatimes.com/india...z18EO9pT1k

[Capt M Kumar]

RAIPUR: The testimony of a cloth merchant appears to have sealed the case against Binayak Sen, the doctor and civil rights activist sentenced to life imprisonment on charges of criminal conspiracy and sedition. Sen had been accused of passing seditious letters from jailed Maoist ideologue Narayan Sanyal to Piyush Guha, a Kolkata businessman. Both Sanyal and Guha were handed down life terms along with Sen. A close reading of the 92-page order in Hindi shows that sessions court judge B P Varma largely relied on cloth merchant Anil Kumar Singh's testimony to prove that Sen acted as a courier of seditious letters.



Read more: Testimony of a merchant sealed Binayak Sen's fate - The Times of India http://timesofindia.indiatimes.com/india...z19C3tYm1M

This is perhaps, most interesting case in recent times which has taken the wind out of so called social activists whose pants are on fire as can be easily made out by this article:

http://timesofindia.indiatimes.com/india...165191.cms